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SCHOOL LAWS OF-. IOWA, ^v. 



FROM THE CODE OF 1873 



i m ; 




AS AIEIDEB BY THE FIFTEENTH &EIERAL ASSEMBLY, 




FORMS, NOTES AND DECISIONS, 



THE USE AND GOV. 




OL OFFIOEES. 



ALONZO ABERNETHY. 



STJPT. OF PUBLIC INSTKTJCTION. 



DES MOINES: 

B. P, CLAEKSON, STATE PEINTEE. 

1874. 



« — ^ / 



PEEFAOE, 



The laws enacted by the Fifteenth General Assembly affecting the School 
I Laws are chapters 27, 57, 64, and 67 of the general and public acts. 

Chapter 27 amends sections 1721 and 1802 of the Code of 1873, by changing 
the time for the election of secretaries and treasurers of all school districts, 
from the third Monday in March to the third Monday in September ; and 
provides that the secretaries and treasurers elected on the third Monday in 
March, 1874, shall hold their offices until the third Monday in September, 
1874, and until their successors are elected and qualified ; it also provides that 
the secretaries of school districts containing a population of less than five 
hundred may or may not be chosen from the board. 

Chapter 57 repeals section 1769 of the Code, and substitutes in lieu thereof a 
provision for holding annually in each county a teachers' normal institute 
under the direction of the county superintendent. 

Chapter 64 authorizes boards of directors and sub-directors to maintain 
industrial expositions in the public schools. 

Chapter 67 authorizes school districts formed from territory lying in adjoin- 
ing counties to vote and certify to the respective boards of supervisors the 
number of mills required to levy the necessary school taxes for their districts. 

With the exceptions above indicated, the law remains as found in the Code 
of 1873, and the sections of this edition of the School Laws are identical with 
those of the corresponding numbers of the Code. A few verbal errors in the 
printed copy of the Code are here corrected. 

Every school officer should study carefully the School Laws and the accom- 
panying notes to enable him to comply strictly with the law in the levy and 
disbursement of school funds, the care of school property, the employment of 
teachers, and the conduct of the schools. 

Under the judicious management of faithful officers, the condition and 
character of the public schools of Iowa ought constantly to improve. 

ALONZO ABEENETHY, 

Superintendent of Public Instruction. 
Des Moines, Iowa, July, 1874. 



SCHOOL LAWS OF IOWA. 



FROM THE CODE AS AMENDED BY THE FIFTEENTH 
GENEEAL ASSEMBLY. 

SCHOOL DISTETCTS, 

Sectioist 1713. Each civil township now or hereafter or- School dis- 
ganized, and each independent school district organized as *^"^*^*'^- 
such prior to the taking effect of this code, is hereby de- 
clared a school district for all the purposes of this chapter, 
subject to the provisions hereinafter made. 

Sec. 1714. When an organized district has been left when no offi- 
without ofiicers, the township trustees shall give such notice pii|d.^°^ ^*^^ 
for a special election of directors, as is required in cases of 
regular district elections; and the persons elected shall con- 
tinue in office until their successors are duly elected and 
qualified. 

Sec. 1715. When changes in civil township boundaries Division of 
are made, or any district shall be divided into two or more porHoamen't 
entire townships for civil purposes, the existing board of qf assets and 
directors shall continue to act for both or all the new dis- ^^ ^ ^ ^^^" 
tricts, or parts of districts, until the next regular district 
election thereafter, at which time the new district townships 

Section 1713. The design of the law is that civil and district 
township boundaries shall coincide. When new civil townships 
are formed, the corresponding changes in district township bound- 
aries take effect at the sub-district election following the organi- 
zation of the civil townships. See sec. 1715 and 1796. 

Sec. 1714. In case the board is reduced below a quorum, by 
resignation or otherwise, the township trustees should call a 
special election to fill the vacancies. In independent districts five 
notices should be posted, as provided in sections 1742 and 1801 ; 
in district townships, three notices are required in each sub-dis- 
trict, as provided in section 1718. 

Sec. 1715. (a) New district townships are not organized until 
the first Monday in March, after the election of oflScers of the 
civil townships. 

(6) When sub-districts are divided by changes in civil town- 
ship boundaries, the old board should incorporate the several 
parts with other sub-districts, or otherwise provide for snch terri- 
tory, so that all electors may vote at the following sub-district 



SCHOOL LAWS OF IOWA. 

shall organize by the election of directors. The respective 
boards of directors shall, immediately after such organiza- 
tion, make an equitable division of the then existing assets 
and liabilities between the old and new districts; and in 
case of a failure to agree, the matter may be decided by 
arbitrators, chosen by the parties in interest. A similar di- 
vision shall be made in case of the formation or changes of 
boundaries of independent districts. 

election ; in the absence of such action, the territory properly 
belongs to the sub-district which it adjoins, and the electors are 
entitled to vote thei-ein. The boundaries of sub-districts lying 
wholly within the old or new districts, are not affected by the 
division of civil townships. 

(c) Five days before the time for the regular sub district elec- 
tion (tirst Monday in March) written notices should be posted in 
three public places in each sub-district, in both the old and new 
townships, by the resident sub-director ; in sub-districts where 
there is no sub-director, by the secretary. 

(d) Assets include school-houses, sites, and all other property 
and moneys belonging to the district. Liabilities include all debts 
for which the district in its corporate capacity is liable. In 
determining the assets, school property should be estimated at its 
present cash value. The last assessed value of the taxable 
property of the districts should form the basis of the division. 
See note (&), sec. 1820. Any equitable arrangement which will 
be mutually satisfactory to the parties in interest, will be in ac- 
cordance with the intent of the law. Any agreement that is 
entered into should be reduced to writing, and entered in the 
records of each of the districts interested. 

(e) "The districts, after the division, which do not receive 
their just proportion of school-house property, have a claim 
against those that do obtain more than their due share. The last 
named are indebted to the first in the difference." District Town- 
ship of Williams v. District Township of Jackson, Supreme Court 
Decisions, Dec. term, 1872. 

If money is received by one which belongs to another, the rule 
is a general one, that the lav/ implies a promise on the part of the 
receiver to pay it over. Based upon this implied promise an 
action may be maintained for its recovery. And this rule applies 
to corporations as to individuals. The District Township of Norway 
V. The District Township of Clear Lake, XI Iowa, 507. In this case, 
the district township of Clear Lake having been divided so as to 
form two district townships, the following spring it received all 
the funds apportioned by the clerk of the board of supervisors, 
and Norway brought suit and recovered a just portion of the same. 



SCHOOL LAWS OF IOWA. Y 

Sec. 1716. Every school district which is now, or may Body corpo- 
hereafter be organized, is hereby made a body corporate by I'^^t^. 
the name of the "district township," or " independent dis- 
trict," (as the case may be,) of , in the county 

of , and in that name may hold proj^erty, be- 
come a party to suits and conti'acts, and do other corporate 
acts. 

DISTRICT TOWNSHIP MEETING. 

Sec. 17 17. Each district townshi]3 shall hold an annual Annual meet- 
meeting on the second Monday in March, and the electors ^"s- 
of the district, when legally assembled at such meeting, 
shall have the following powers: 

1. To appoint a chairman and secretary in the absence of Powers. 
the regular officers; 

2. To direct the sale or other disposition to be made of 
any school-house, or the site thereof, and of such other 
property, personal and real, as may belong to the district; 
to direct the manner in which the proceeds arising therefrom 
shall be applied; to determine what additional branches 



Sbc. 1716. In suits, contracts, and conveyances, the corporate 
name should be strictly observed. A sub-district is no;, a corpor- 
ation, and hence can neither hold property nor perfurm any cor- 
porate act. 

Sec 1717. (a) District townships are authorized to hold only 
one meeting in each year. The meeting cannot be adjourned to 
another day. There is no provision for special meetings. Ten 
days' previous notice of this meeting should be given by the dis- 
trict township secretary; sec. 1742 ; but as the law fixes ibe day of 
the meeting of the electors of the district township, and also of 
the sub-district, a failure to give full noiice, or any notice at all, 
though a viola ion of law, will not invalidate the proceedings of 
the meedng, if one be held at the usual time and place. Dishon 
"V. Smith, X Iowa, 217. 

(b) The president and secretary of the board are the regular 
officers of this meeting, and should act as such if present. Sees. 
1739, 1741. 

(c) School-houses cannot legally be sold without a vote of the 
electors, 

(c?) All school-house taxes must be voted by the electors of" the 
sub-district, or district township; this power cannot be delegated 
to the board. The specific sum of money deemed necessary, and 
not a certain number of mills on the dollar, should be voted. The 
per centum necessary to raise this sum is determined by the board 
of supervisors. Sees. 1777, 1780. 



y SCHOOL LAWS OF IOWA. 

shall be taught in the schools of the district; or to delegate 
any of these powers to the board of directors; 

3. To vote such tax, not exceeding ten mills on the dollar 
in any one year, on the taxable property of the district 
township, as the meeting shall deem sufficient for the pur- 
chase of grounds and the construction of the necessary 
,«lf school-houses for the use of the district, and for the pay- 
.14' ment of any debts contracted for the erection of school- 
I ' houses, and for procuring district libraries. 

SIJB-DISTRICT MEETING. 

Election of Sec. 1718. The several sub-districts shall, annually, on 

sub-director. i\^q fi^.g^ Monday in March, hold a meeting for the election 

of a sub-director, five days' notice of which meeting shall be 

given by the then resident sub-director, or, if there is none, 

by the district secretary, posting a written notice in three 

public places therein, and such notice shall state the hour of 

meeting. 

Chairman and Sec. 1719. At the meeting of the sub-district, a chair- 

seci^etey ap- jj^an and secretary shall be appointed, who shall act as 

judges of the election, and give a certificate of election to 

the sub-director elect. 

The tax for procuring district libraries cannot be used to pur- 
chase text books for the use of pupils. The district township 
meeting can legally exercise only such powers as are specifically 
enumerated in the law, or such as are necessary to secure the ex- 
ercise of those granted. 

Sec 1718. (a) " No district township, or sub-district meeting 
shall organize earlier than 9 am , nor adjourn before 12 m." Sec. 
1789. The meeting should not be called later than 6 p.m. 

(&.) No minor or non-resident can take part in a meeting of 
electors. To be entitled to the right of suffrage, a person must be 
a male citizen of the United States, twenty-one years of age, a 
resident of the state six months next preceding the election, and 
of the county sixty days. (Constitution, art. 2, sec. 1.) The 
election must be by ballot. (Constitution, art. 2, sec. 6.) 

The person who receives, on a formal ballot, the greatest num- 
ber of votes, is elected, even though he has not received a majority 
of all the votes cast. In a tie vote there is no election, and the 
old sub-director holds over. 

(c) The electors of a sub-district may, at their regular meeting 
in March, determine w^hat amount is required for the erection of a 
school-house in said sub-district. A sum, in the aggregate, should 
be voted, and the sub-director should certify the same to the next 
district township meeting held thereafter. See sec. 1778. 

Sec 1719. The chairman and secretary are not required to 
qualify. 



SCHOOL LAWS OF IOWA. 9 

Sec. 1720. In all district townships comprising but one Number of 
sub-district, the board of directors shall consist of three howVhosen. ' 
sub-directors; and in all district townships comprising but 
two sub-districts it shall consist of one sub-director chosen 
from, each sub-district, and one from the district township at 
large, who shall in both cases be elected in the manner pro- . 
vided by law for the election of one sub-director from each 
sub-district. :The judges of the respective sub-district elec- 
tions shall canvass the votes for sub-director chosen from 
the district township at large, and shall issue a certificate of 
election to the person elected. 

BOARD OF DIEECTOES. 

Sec. 1721. (As amended by Chapt. 27, Laws Fifteenth sub-directors 
General Assembly.) The sub-directors of the several sub- ^oard of direc- 
districts shall constitute a board of directors for the district tors, 
township, and shall enter ujjon their duties upon the day when and 
fixed for the regular meeting of the board in March, at how the board 
which time they shall organize by electing from their own ized. ° 
number a president, who shall simply be entitled to a vote 
as a member of the board; and from the district township 
at large, at their regular meeting on the third Monday of 
September in each year, a secretary and 'treasurer, unless ■ 
there are at least five sub-directors in the district township, 

Sec. 1720. (a) The board of directors of a district township 
can never consist of less than three members. The sub-director 
from the district at large should be voted for at both sub-district 
meetings. To avoid confusion, the tickets should specify— /or 
sub-director, A. B. ; for sub-director at large, C. D. 

(6) Where there is but one sub-district in a district township, 
the sub-district meeting should be held at some central point, on 
the first Monday in March, f Dr the election of three sub-directors ; 
five days' notice of which should be given by the district secre- 
tary, as directed by section 1718 ; and another meeting will be 
held on the second Monday in March, as provided by section 
1717; the powers and duties of the two meetings being entirely 
separate and distinct; the first being a sub- district, the second a 
district township meeting. 

Sec 1721. (a) " Secretaries and treasurers of school districts, 
elected on the third Monday of March, 1874, shall hold their 
ofiices until the third Monday of September, 1874, and until their 
successors are elected and qualified." Sec. 2, chapt. 27, General 
Laws, 1874. 

(6) The right or title to hold office cannot be determined by 
an appeal to the county superintendent. The proper remedy for 
any person aggrieved by the action of the board, relating thereto, 

2 



10 



SCHOOL LA.WS OF IOWA. 



Secretary and ill wbich case they may be selected from the board; and 

treasurer, 
when elected. 



treasurer, _ gg^j([ secretary and treasurer thus elected shall qualify and 



Meetings of. 



Make con- 
tracts and 
purchases. 



enter upon tne duties of their respective ottices within ten 
days following the date of their election, if selected fram 
the district township at large, they shall have no vote in the 
proceedings of the board. 

Sec. 1722. The board of directors shall hold their regu- 
lar meetings on the thii-d Monday in March a,n'd (September 
of each year; and may hold sucix special meetings as occa- 
sion may requu-e, at the call of the president, or by request 
. of a majority of the board. 

Sec. 1723. They shall make all contracts, purchases, 
payments, and sales, necessary to carry out any vote of the 
district; but before erecting any scliool-house they shall, 
consult with the county superintendent as to the most ap- 
proved plan of such built^mg. And all school-houses 
erected or repaired at a cost exceeding three hundred dol- 
lars, shall be so erected ot repaired by contract, and no such 
contract for labor or materials shall be let until proposals 
for the same shall have been invited bv advertisement for 



is a petition to the circuit or district court, under the provisions 
of sections 3345-3352, Code. 

(cj All the members and officers of the board must reside in 
the district township. Tliey cannot reside in an independent 
district and remain memberd of ihe board. If a suu-dircctor 
removes from his sab-district, he tlit-reby vacates the unice. 

{d) Direciors continue in olhce until tne tiiird Monuay in 
Marchandua.il their successora are elected aiid quaiinod. A 
president whose term as director has expired, can tar^e iioxuither 
part in tlie proceedings of the board, even thougu ^ new presi- 
dent has not yet been chosen. 

]No person can hold two ox the offices of the board at the same 
time. 

feEG. 1722. (a.) Sectijn 1738 provides that a majority oi the 
board snail constitute a quorum. Any duty iinpotiea upo^i the 
board as a budy must be periormed at a regular or opeci^a ijueoting, 
and made a matter of record. The coiiocnt of the ocrd lo any 
particular measure, obcainea of individual member^i Wiioa not in 
session, is not the* act of the board, and is not bindiug upon the 
district townsnip, 

{b) bpecial meetings should be convened by a writ. en call, 
signed either by the president or a majority of the inenioerri, and 
each member sliould oe duly iiLititied. 

bEC 1723. (a) It is the duty ol the 6oarc? of directam to make 
contracts for the erection of school-houses, when the meaiio have 
been j)iovided by the electors. If .he sub-director be appointed 



SCHOOL LAWS OF IOWA. XX 

four weeks in some newspaper published in the county Advertise for 
where the work is to be done, if there be one published P^'^posais. 
therein, if not, in the nearest newspaper in an adjoining 

a committee for this purpose, it should be with certain limita- 
tions: and the contract should be repotted to the board for ap- 
proval. Section 1 753. JSf o member has authority to make a con- 
tract in behalf of the district, except uuder specific iustructions 
of the board. Before making a contract, great pains should be 
taken to obtain the best possible plan for tne building. On this 
point the law requires consultation with the couuty superin- 
tendent. 

(6) Contracts for the erection or repairs of school-houses ex- 
ceeding $300, can not be entered into until proposals have been 
published at least twenty-eight days. Repairs include seats, 
desks, &c. 

Contracts made in violation of the terms of this section are 
illegal; the^r lulfillment may be prevented by injunction. 

" If an agent make a valid contract wituout authority, he is 
himself bound thereby." Andrews & Co. v. Tedford, Supreme 
Court Decisions, December term, 1873. 

(c) The board cannot be required to commence the construc- 
tion of a house until means to a reasonable extent have been 
provided. Boards should not involve the district in an indebted- 
ness for the erection of school-houses, by contracts, or the issue 
of orders to exceed the amount voted by the electors. 

{d) District townships have no authority to issue bonds or 
other evidences of indebtedness for the purpose of borrowing 
money. See opinion of Attorney-General /School Journal for April, 
1868, p, 210. 

(e) No district can legally become indebted in any manner, or 
for any purpose, to an amount, in the aggregate, exceeding five 
per cent, on the value of its taxable- property. Constitution, Art. 
XI., sec. 3. Winspear Y- Dist. Twp. HoLman, Supreme Court De- 
cisions, December term, 1873. 

(/) Public school-houses are exempt from sale on execution. 
Code, sec. 3049. 

{g) A board of directors of a school district may bind a cor- 
poration by contracts entered into after the election of their suc- 
cessors and before their qualification. Dubuque Female College v. 
Jhe District Township City oj Dubuque, X^II. iowa, 555. While 
instanced may occur in which the interests of the district will be 
subserved by making contracts with teachers and others, which 
will not expire for months after a change of ofiicers, courtesy as 
well asjustice dictates the impropriety of making contracts whose 



J 2 SCHOOL LA-WS OF IOWA. 

county; and such contract shall be let to the lowest respon- 
sible bidder, and bonds with sufficient sureties for the faith- 
ful perfoiinance of the contract shall be required. 
Select sites for Sec. 1'724. They shall fix the site for each school-house, 
school-houses, taking into consideration the geographical position and con- 
venience of the people of each portion of the sub-district, 
and shall determine what number of schools shall be taught 

execution will embarrass successors in office. Ordinarily the 
new board should make contracts for the year during which they 
serve. 

A board of directors may ratify or adopt such acts of officers de 
facto as the law would permit officers de jure to perform. lb. 

{h) The force and effect of any motion adopted by the board 
of directors, does not terminate with a change of officers or mem- 
bers, but remains in force until repealed. Thompson v. Linn, Su- 
preme Court Decisions, December term, 1872. 

Sec 1724. {a) The power to locate sites for school-houses is 
vested, originally, exclusively in the board of directors. This au- 
thority should be exercised with great care, and without preju- 
dice; and the wishes of the people, for whom the house is 
designed, should be consulted as far as practicable, taking into 
account the prospective as well as the present convenience of the 
people of the sub-district. 

A site near the geographical center of the sub -district should 
be chosen, unless controlling circumstances indicate a different 
selection. If possible the site should be in the shelter of a grove, 
.and ought to contain not less than one acre of ground. 

(6) The power of the board of directors to " fix the site for a 
school-house," carries with it the power to relocate that site. The 
exercise of this power is a proper and necessary adjunct of the 
power to make alterations in the boundaries of ihe sub -districts. 
The extension of settlements frequently changes the centers of 
population and necessitates a change of sub- district boundaries, 
and the removal of school-houses to central localities in the new 
sub-districts. Vance v. District Township of WiUon, XXII Iowa, 
408. 

(c) Every new site must be selected on some public highway, 
at least forty rods from any residence, the owner whereof objects 
to its being placed nearer, and not in any orchard, garden, or 
public park, except in incorporated towns or cities. Sec. 1826. 
Sites located prior to April, 26, 1870, when the provisions of this 
section took eff'ect, are not affected by its provisions ; the board 
may rebuild upon any such sites still in possession of the 
district. 

{d) A school-house site, located by the county superintendent. 



SCHOOL LAWS OF IOWA. 13 

in each sub-district, and for what additional time beyond the 
period required by law they shall be continued during each 
year. 

Sec. 1725. They shall determine where pupils may Divide ciis- 
attend school, and for this purpose may divide their district minewhere' 
into such sub-districts as may by them be deemed neces- ^fP^^l ^^^^^ 
sary; provided, that no such sub-district shall be created 
for the accommodation of less than fifteen pupils, but the 
board of directors shall have power to rent a room and 
employ a teacher for the accommodation of five scholars. 

Sec. 1726. They may establish graded or union schools Graded or 
wherever they may be necessary, and may select a person ^^^^^'^ schools, 
who shall have the general supervision of the schools in 
their district, subject to the rules and regulations of the 
board. 



upon appeal, can not be legally changed by the board of directors, 
until the condition of the district is materially changed. 

(e) As regards the length of time during which schools are to 
be taught in each sub-district, twenty-four weeks is the mini- 
mum ; sec. 1727 ; the maximum is unlimited, except as provided 
by sec. 1780. 

Sec. 1725. (a) All changes in sub-district boundaries must be 
made in conformity with the provisions of sections 1738 and 1796. 

(6) The board cannot legally form a sub-district containing 
less than fifteen persons of school age, nor build a school-house 
for the benefit of a less number ; nor can they maintain a school 
for the accommodation of less than five scholars ; except in sub- 
districts formed prior to September 1, 1873, which are not aff"ected 
by the provisions of this section. 

The words "pupils" and "scholars," as used in this section, 
mean persons between the ages of five and twenty-one years. 

Sec 1726. The law does not prescrihe the branches that shall 
be taught in the public schools, further than to require all 
teachers to be qualified to teach certain branches enumerated in 
section 1766. Boards of directors are empowered by virtue of the 
authority to establish graded schools, and of the general super- 
visory and discretionary powers with which they are invested, to 
prescribe courses of study and branches to be taught in the 
schools of their district. A course of study should be prescribed 
by the board in every district, to which the electors may add 
additional branches. Section 1717. A graded school, open to the 
older and more advanced pupils from every sub-district, may be 
advantageously established at some central point in every dis- 
trict township. 



14^ SCHOOL LAWS OF IOWA. 

Schools: time Sec. 1Y27. In each sub-district there shall he taught one 
ber^f. " ""°^ or more schoolsTor the instruction of the youth between the 
ages of five and twenty-one years, for at l east twenty-four' 
weeks, of five school days each, in each year, unless the 
coiinty superintendent shall be satisfied that there is good 
an(lsufiicient cause^ for failure so jto do. Any person who 
/ was in the military service of the tJnited States during his 
minority shall be admitted into the schools in the sub-dis- 
trict in which he may reside, on the same terms on which 
youths between the ages of five and twenty-one are admitted, 
obangeof Sec. 1728. The board of directors of any district town- 

books. / gi^jp Qj. iii(Jependent district, shall not order, or direct, or 

j make any change in the school books or series of text-books, 



Sec. 1727. (a) The requirements of this section are imperafwe. 
A school shall be taught in each sub-district, but if the county 
superintendent is fully satisfied, after a careful investigation of 
the facts, that it is impracticable, he may release the board of 
directors from their obligation to establish one. The board of 
directors may establish more than one school in a sub-district if 
necessary for the accommodation of the children, subject to the 
limitations contained in sections 1725 and 1780. 

[h) Under section 1724 the board of directors have power to 
provide for a longer period of school than twenty-four weeks ; 
this increase of time must apply alike to all the sub-districts. 

(c) All the youth of the state from five to twenty-one years 
of age, irrespective of religion, race, or nationality, are entitled 
to the same school facilities. While schools may be graded 
according to the proficiency of pupils, no discrimination based 
on color, such for instance as requiring colored pupils to attend 
separate schools, can be enforced. Clarh v. The Independent Dis- 
trict of Muscatine, XXIV Iowa, 266. 

{d) Persons over twenty-one years of age are not entitled to the 
benefits of the public school, except as provided in the latter part 
of this section. If, however, the school is not full, they may be 
admitted, in the discretion of the board, upon such equitable 
terms as the board may prescribe. Children under five years of 
age will be more injured by the confinement, than benefitted by 
the instruction. They can not legally claim the advantages of 
the school, and should not be admitted. 

Sec. 1728. The board may change any text-book used in the 
schools of their district, which has not been introduced since 
July 4, 1872, when the provisions of this section took effect ; but 
no book can be adopted in the place of one introduced since that 
time, within less than three years after its introduction, without a 
vote of the electors. 



SCHOOL LAWS OF IOWA. 15 

/Tised in any school under their superintendence, direction, 
( or control, more than once in every period of three years, 
i except by a vote of the electors of the district township or 
independent district. 

Sec. 1 729. They may use any una,ppropriated contingent Contingent 
fund in the treasury to purchase records, dictionaries, maps, 
charts and apparatus for the use of the schools of their dis- 
trict, but shall contract no debts for this purpose. 

Sec. 1730. They shall appoint a temporary president and offlc|i°',''*^'^ 
secretary in case of the absence of the regular officers, and 



The change of any one book in the school does not prevent the 
board from changing any or all other bo®ks at a subsequent time. 
I^either the sub-director nor teacher has authority to change 
text-books. 

Sec. 1729. Purchases made under the provisions of this sec- 
tion, must be by order of the board when in session. 

The law does not authorize boards of directors to purchase 
text-bonks for the use of pupils, nor the electors to vote a tax for 
this purpose. 

Sec. 1730. (a) A vacancy can be created only by death, 
removal, resignation, or failuie to elect at the proper election, 
there being no incumbent to continue in office. — Code, sec. 781. 
A lailure to elect or qualify does not create a vacancy ; for the 
incumbent whether elected or appointed, continues in office 
"until his successor is elected and qualified." Neither does a 
change in the boundaries of sub-districts create a vacancy ; for 
the change does not take effect until the next sub-district elec- 
tion. If a sub-district be divided, so as to form a new one, the 
sub-director will contimae to act, as though no change had been 
made, until the expiration of his official term. Sec. 1796. proviso, 
and note (6), also sec 1721 and notes. 

(6) If a person without the requisite qualifications, is elected 
a member of the board and acts with the board, he being a mem- 
ber de /ocio, his acts will be valid; but when his disqualification 
becomes known, the board should declare the place vacant and 
elect his successor. 

(c) School directors may resign at any time. A verbal resig- 
nation may be tendered to the board when in session ; or a writ- 
ten resignation may be handed to some member of the board to 
present at a subsequent meeting, for the board's acceptance. 
When a director habitually neglects the duties of his office, he 
may be compelled by mandamus to perform them. 

(d) In case the board is reduced below a quorum by resigna- 
tion, or otherwise, the township trustees should call a special 



16 



SCHOOL LAWS OF IOWA. 



Secretary to 
give bond. 



shall fill any vacancy that may occur in the office of presi- 
dent, secretary or treasurer or in the board of directors. 

Sec 1731. They shall require the secretary and treas- 
urer to give bonds to the district in such penalty and with 
such security as they may deem necessary to secure the 
district against loss, conditioned for the faithful performance 
of their official duties. The bonds shall be filed with the 
president, and in case of a breach of the conditions thereof, 
he shall bring suit thereon in the name of the district town- 
ship or independent district. 

Sec. 1732. They shall, from time to time, examine the 
accounts of the treasurer and make settlem.ent with him; 
and shall present, at each regular meeting of the electors of 
the district township, a full statement of the receipts and ex- 
penditures of the district township, and such other informa- 
tion as may be deemed important. 
Audit claims. Sec. 1733. They shall audit and allow all just claims 
against the district, and fix the compensation of the secretary 



Examine ac 
counts of 
treasurer. 



election to fill the vacancies as provided by section 1714 ; see also 
section 1738. 

(e) Boards of directors have no authority to remove any 
member or officer of the board. 

Sec. 1731. The law requires all official bonds to be secured by 
at least two sureties, who are freeholders, whose aggregate prop- 
erty is double the amount of the bond ; the oath of office to be 
subscribed on the back of the bond, or attached thereto, and the 
sureties vo make affidavit that they are worth the amount named 
in the bond. Code, sections 249, 250, 675, and 679. As the bonds 
of the secretary and treasurer must be approved by the board, 
no member shoidd become surety for these officers. 

Sec. 1732. This section contemplates that a fttll report of the 
affairs of the district shall be made by the board at each annual 
meeting of ttie electors. This work appropriately devolves upon 
the president, unless the board designates some other member. 
When practicable, the report should be published. 

Sec. 1733. (a) All demands, whether by contractor otherwise, 
must be approved by the board of directors when in session, 
before an. order can be drawn on the district treasury for them ; 
and no officer can draw an order on the treasury, unless he is 
authorized to do so by a vote of the board, at a regular or special 
meeting. It is the duty of the board to examine all contracts for 
the employment of teachers, and the construction of school- 
houses, or for any other purpose, and to see that the stipulations 
have been complied with, before they authorize the payment of 
monejf thereon. 

(6) School orders issued without a vote of the board of direc. 



SCHOOL LAWS OF IOWA. ] 7 

and treasxirer, and no order sball be drawn on the treasury 
until the claim for which it is drawn has been audited and 
allowed. 

Sec. 1734. They shall visit the schools in their district, ^^^^^^^^^f? ' 
and aid the teachers in establishing and enforcing the rules discharge 
for the government of the schools, and see that they keep a teachers, 
correct list of the pupils, embracing the periods of time 
during which they have attended school, the branches 
taught, and such other matters as may be required by the 
county superintendent. In case a teacher employed in any 
of the schools of the district township is found to be incom- 
petent, or is guilty of partiality or dereliction in the dis- 
charge of his duties, or for any other sufficient cause shown, 
the board of directors may, after a full and fair investiga- 
tion of the facts of the case, at a meeting convened for the 
jjurpose, at which the teacher shall be permitted to be pres- 
ent and make his defense, discharge him. 

Sec. 1735. The majority of the board in independent Pupils in m- 
districts shall have power, with the concurrence of the pres- dfsmcts dis- 
ident of the board of directors, to dismiss or suspend any mi'ised orsus- 
pujDils from the school in their district for gross immorality 
or for a persistent violation of the regulations or rules of the 
school, and to re-admit them if they deem proper so to do. 

tors, or otherwise illegally issued, although they may be signed 
by the president and countersigned by the secretary, are not 
binding upon the district ; neither can they acquire validity by 
being transferred to third parties. If illegal when issued, they 
are illegal forever. XIX Iowa, 199 and 248. 

(c) The secretary and treasurer only can receive compensation 
for the discharge of duties required by law. Sec. 1738. 

Sec 1734. (a) Boards of directors have entire control of the 
public schools of their district and the teachers employed therein. 
The board may establish such rules and regulations for the gov- 
ernment of teachers and pupils, not inconsistent with law, as the 
interest of the schools require. The teacher is the agent of the 
board, and the rules made and enforced by the teacher with either 
the formal or tacit consent of the board, are in effect the rules of 
the board. It is the duty of the teacher, under the direction of 
the board, to determine what branches shall be pursued by each 
pupil. 

(6) "It is competent for boards of directors to provide by rules 
that pupils may be suspended from the schools in case they shall 
be absent or tardy, a certain number of times within a fixed 
period, except for sickness, or other unavoidable cause. 

"If the effects of acts done out of school-houses reach within the 
school room during school hours, and are detrimental to good 
order and the best interests of the pupils, it is evident that such 
3 



18 



SCHOOL LAWS OF IOWA. 



Cei'lificate of 
election of 
officers filed. 



Rules for gov- 
ernment of 
sub directors. 



Quorum. 



Sec. 1186. They shall at their regular meeting in March 
of each year, require the secretary, to file with the county 
superintendent, county auditor, and county treasurer, each, 
a certificate of the election, qualification, and post-office 
address of the president, treasurer and secretary of the dis- 
trict township, and to advise them from time to time of any 
changes made in said offices by appointment. 

Sec. 1737. They shall make such rules and regulations 
as may be necessary for the direction and restriction of 
sub-directors in the discharge of their official duties, and 
not inconsistent with law. 

Sec. 1738. A majority of the board of directors shall be 
a quorum to transact business, but a less number may 
adjourn from time to time, and no tax shall be levied by the 
board after the third Monday in May; nor shall the 
boundaries of sub-districts be changed except by a vote of 
the majority o± the board, nor shall the members of the 



acts may be forbidden." Burdich & Chandler v. Babcoch and oth- 
ers, XXXI Iowa, 562. 

(c) Boards of directors can legally dismiss teachers only for 
good cause shown. In cat^e the board pass an order to dismiss, 
the material reason therefor should be spread upon the record ; 
for, while in case of contest, these reasons would not be conclusive 
against the teacher, the board would be estopped from presenting 
other reasons than those named in the record. Neville v. School 
Directors, 36 111., 71. When a teacher is unjustly dismissed, an 
appeal may be taken from the action of the board in dismissing 
him ; but a suit at law must be brought, if he seeks to recover his 
pay upon the contract. The teacher can be paid only to the date 
of legal dismissal. 

Sec. 1736. It is very important that the secretary should file 
the certificate with the coumy ofiicers named, immediately after 
the regular meetings of the board in March and September, oth- 
erwise the moneys belonging to the district may be paid to per- 
sons not authorized to receive them. 

Whenever a change is made, the county officers should be noti- 
fied. See note (6) sec. 1745. 

Sec 1737. These rules should be carefully prepared and 
adopted by the board, and recorded ; and each sub-director should 
be furnished with a copy. 

Sec 1738. («) Any compensation paid to any other member 
of the board than the secretary and treasurer, for the perform- 
ance of official duties, is in direct opposition to the law, and an 
open violation of the oath of office. 



SCHOOL LAWS OF IOWA. I9 

board, except its secretary and treasurer, receive pay out of 
any school fiinds for services rendered under this chapter. 

' PRESIDENT. 

Sec. 1Y39. The president shall preside at all meetings President to 
of the board of directors and of the district township; shall drafte,%gnor- 
draw all drafts on the county treasury for money apportioned <iers. 
to his district; sign all orders on the treasury, specifying in 
the order the fund on which it is drawn, and the use for 
which the money is appropriated, and shall sign all contracts 
made by the board. 

Sec. 1740. He shall appear in behalf of his district in Represent dis- 
all suits brought by or against the same, but when he is ^^^^^' 
individually a party, this duty shall be performed by the 
secretary; and in all cases where suits may be instituted by 
or against any of the school officers to enforce any of the 
provisions herein contained, counsel may be employed by 
the board of directors. 

SECEETAET. 

Sec. 1741. The secretary shall record all the proceedings 

(6) As to the proper course to pursue when the board is re- 
duced below a quorum, see note {d) sec. 1730. 

Sec. 1739. (a) The presidentcan draw no order on the district 
treasury except by authority of the board of directors. See sec. 
1733 and notes, aLso note (c), sec. 1741. 

(6) The president should not act as secretary or treasurer of 
the board. In the absence of the president, or when he refuses 
to discharge the proper duties of his office, a temporary president 
may be appointed, who, during the time he is acting as president, 
may sign orders and contracts, and do all other acts proper to be 
done by the president. 

(c) The failure of an officer to attach his official title to his 
signature, will not affect the instrument so far as the district is 
concerned ; provided, the contract was authorized, and made for 
the district, and this fact can be shown. 

Sec. 1740. " Appeals to the county superintendent or superin- 
tendent of public instruction, are not suits brought by or against 
the district township, and they are not suits brought by or 
against any of the school officers, within the meaning of the law, 
and no charge can be made against the district township for 
attorney's fees." /. B. Templin & Son v. District Toivnship Fre- 
mont, Supreme Court Decisions, June term 1873. 

Sec 1741. (a) It is essential that the record of the proceed- 
ngs of the board and district meetings should be properly kept. 



20 SCHOOL LAWS OF IOWA. 

Reco of the board and district meetings in separate books kept 

countersign foi' that purpose; shall preserve copies of all reports made 
draftsandor- iq ^he county superintendent; shall file all.papei's trans- 
mitted to him pertaining to the business of the district; shall 
countersign all drafts and orders drawn by the president, 
and shall keep a register of all orders drawn on the treasury, 
showing the number of the order, date, name of the person 
in whose favor drawn, the fund on which it is drawn, for 
what purpose, and the amount; and shall, from time to time, 
furnish the treasurer with a transcript of the same. 
Give notice of Sec. 1742. He shall give ten days' previous notice of the 
meetings. district township meeting by posting a written notice in five 
conspicuous places therein, one of which shall be at or near 
the last place of meeting, and shall furnish a copy of the 
same to the teacher of each school in session, to be read in 
the presence of the pupils thereof, and such notice shall, in 
all cases, state the hour of meeting. 
Keep Sec. 1743. He shall keep an accurate account of all the 

accounts. expenses incurred by the district, and shall present the same 
to the board of directors, to be audited and paid as herein 
provided. 
Notify county Sec. 1744. He shall notify the county superintendent 
dent"° ^"" when each school of the district begins, and its length of 
term. 



Every transaction should be carefully noted, and the proceedings 
should be read and approved. The registry of orders is' also an 
important matter. Every order drawn should be promptly 
reported to the district treasurer, as he has no other means of 
determining the amount of outstanding orders, otherwise he 
cannot comply with the law requiring him to make partial pay- 
ments. See sec. 1748, and Form No. 12. 

(6) The failure of the secretary to record all the proceedings of 
the board and of district meetings in separate books, kept for that 
purpose, will not render the proceedings void. Higginsy. Reed, et 
al, VIII Iowa, 298. 

(c) The secretary, president and treasurer must conform to the 
instructions of the board so far as those instructions are in accord- 
ance with law ; but they should not obey the board when directed 
to do an illegal act. 

If the board appropriates money to pay its members, other 
than the secretary and treasurer, sections 1733 and 1738, or for 
any other illegal purpose, the president and secretarj^ should 
refuse to sign the order, if drawn, the treasurer should refuse to 
pay it. 

The secretary should not act as president or treasurer. 

Sec. 1742, See sections 1718 and 1789', and notes. 

Sec. 1743. The secretary is also required to keep an account 
current with the district treasurer. See sec. 1782. 



SCHOOL LAWS OF IOWA. 21 

Sec. 1745. Between the fifteenth and twentieth days of Make report: 
September in each year, the secretary of each school district <^°^t®°ts of 
shall file with the county superintendent a report of the 
aftairs of the district, which shall contain the following 
items : 

L The number of persons, male and female, each, in 
his district, between the ages of five and twenty-one years; 

2. The number of schools, and the branches taught; 

3. The number of pupils, and the average attendance of 
the same in each school; 

4. The number of teachers employed, and the average 
compensation paid per week, distinguishing males from 
females; 

5. The length of school in days and the average cost of 
tuition per week for each pupil; 

6. The amount of teachers' fund held over, received, 
paid oiTt, and on hand in his district; 

7. The amount of contingent fund held over, received, i 
paid out, and on hand in his district; 

8. The amount of school-house fund held over, received, 
paid out, and on hand, in his district; 

9. The text-books used, and the number of volumes in ; 
the district library, and the value of apparatus belonging to ■ 
the district; 

10. The number of school-houses, and their estimated 

value; 1 

11. The name, age, and post-office address of each deaf \ 
and dumb, and each blind person within his district between 

the ages of five and twenty-one, including all who are deaf' 

and dumb to such an extent as to be unable to obtain an ^ 

education in the common schools. -J 

Sec. 1746. Should the secretary fail to file his report as penalty for 
above directed, he shall forfeit the sum of twenty-five dollars failure. 



Sec. 1745. (a) The blanks for the annual report of the secre- 
tary are furnished by the state, through county superintendents. 
The secretary should record the report, required by this section, 
in the district records. If a copy of the report is simply filed in 
his ofiice, it is liable to be destroyed or mislaid, which may prove 
detrimental to the interests of the district. 

(6) In districts formed of parts of two or more counties, the 
secretary should make the annual report to the superintendent of 
the county in which a majority of the children reside. This 
report should not embrace those children who reside in portions 
of the district lying in other counties. The remaining number 
of children should be reported by the secretary to the superin- 
tendents of their respective counties. 

Sec. 1746. In case the sub-directors fail to make their annual 
reports, as required by section 1755, the secretary should collect 



22 SCHOOL LAWS OF IOWA. 

and shall make good all losses resulting from such fail- 
ure, and suit shall be brought in both cases by the district 
on his official bond. 

TEEASUREE. 

Pay orders. Sec. 1747. The treasurer shall hold all moneys belong- 
ing to the district, and pay out the same on the order of the 
president, countersigned by the secretary, and shall keep a 
correct account of all expenses and receipts in a book pro- 
vided for that purpose. 
Different Sec. 1748. The money collected by district tax for the 
funds: Pfrtmi erection of school-houses and for the payment of debts con- 
orders. '. 

the statistics necessary for a complete report. The board of di- 
rectors should pay the secretary a suitable compensation for his 
labor. See sec. 1733. 

Sec 1747. (a) The language of this section is very explicit. 
It makes the treasurer the custodian of all moneys beiongmg to 
the district, which eifectually precludes the idea of dividing the 
money belonging to any paroicular fund amoug the sub districts. 
He can only pay it out on the order of the president, countersigned 
by the secretary, and tne president can draw no order unless he 
is autliorized to do so by the board of directors. See sec. 1733, 
and notes on same; also note (c) sec. 1741. 

(6) It is unlawful to loan moneys belonging to the district. "If 
any state, county, township, school, or municipal oUiLier, or officer 
of any state institution, or other public officer within the state, 
charged with the collection, safe keeping, transfer, or disuurse- 
me]it of public money, fails or refuses to keep in any place of 
deposit that may be provided by law for keeping such money, 
until tne same is withdrawn therefrom upon warrants issued by 
the proper officer, or deposits such money in any oLiier place than 
in such safe, or unLvWfuily converts to his own use in any way 
whatever, or use by way of investment in any kind of property, 
or loan without the an hority of law any portion of the public 
money entrusted to him for coUeCiion, safe keeping, transfer, or 
disbursement, (or converts to his own use any mjiiey that may 
come inio his hands by virtue of his office,) siiaU be guilty of 
embezzlement to the amount of so much of said muuey as is thus 
taken, converted, invested, used, loaned, or unaccounted fur, and 
upon conviction thereof, he shall be imprisoned in the peniten- 
tiary not exceeding hve years, and fined in a sum equal to the 
amount of muney embezzled, and, moreover, is furever afier dis- 
qualified from holding any office under the laws or constitution 
of this stale." Code, see. 3908. 

Sec 1748. (a) Minor improvements, such as the erection of 



SCHOOL LAWS OF IOWA. 23 

tracted for the same, shall be called the " school-house 
fund;" that designed for rent, fuel, repah-s, and all other 
contingent expenses necessary for keeping the schools in 
operation, the "contingent fund;" and that received for the 
payment of teachers, the "teachers' fund;" and the district 
treasurer shall keep with each fund a separate account, and 
shall pay no order which does not specify the fund on which 
it is drawn, and the specific use to which it is applied. If 
he have not sufficient funds in his hands to pay in full the 
warrants drawn on the funds specified, he shall make a par- 
tial payment thereon, paying as near as may be an equal 
propoj'tion of each warrant. 

Sbc. 1749. He shall receive all moneys apportioned to Receive 
the district township by the county auditor, and also all ^on ed to^dis - 
money collected by the county treasurer on the district trict. 
school tax levied for his district. 

Sec. 1750. He shall register all orders on the district Regis 
treasmy reported to him by the secretary, showing the num- ^^^rs. 
ber of the order, date, name of the person in whose favor 



ordinary outhouses, fences, etc., may be paid from either the 
" contmgent fund " or " sciiool-house fund." Ordinary repairs 
should be charged to the "contingent fund"; but when such 
repairs assume the magnitude of a rebuilding, or of an extensive 
addition, they should be charged to the " school-house fund." 

(6) The original cost of seating school-houses should be paid 
from the school-house fund. The law does not authorize the use 
of the contingent fund for the erection or completion of a school- 
house, buc when a house needs reseating or other repairs, the cost 
may be defrayed either from the contingent fund, or from any 
unappropriated school-house fund in the treasury. 

(cj Boards of directors have no authority to transfer uiojjeys 
from, one fund to another, even temporarily. 

{d) The teachers' fund should not be divided among the sub- 
distric s, neither equally nor according to the number of children, 
nor upon any other basis. This fund can be legally paid out only 
to teachers for services performed, upon orders authorized by the 
board of directors. The board should limit the compensation to 
be paid teachers, according to the circumstances and wants of 
each sub-district. 

Sec. 1749. See sec. 1784. 

Sec. 1750. The register provided for in this section is indis- 
pensable to the treasurer, under the law requiring him to make 
partial payments on orders, when tie has not funds sufficient to 
pay t hem in full; sec. 1748. It is essential that he should know 
the exact amount of outstanding orders, and for this reason the 



24 



SCHOOL LAWS. OF IOWA. 



drawn, the fund on which it was drawn, for what purpose, 

and the amount. 
Make state- Sec. 1751. He shall render a statement of the finances of 
ment to direc ^^^ district from time to time, as may be required by the 

board of directors, and his books shall always be open for 

inspection 

secretary is required to report to him all orders drawn on the 
district treasury. See sec. 1741, and note (a) and Form No. 12. 

1751. (a) The treasurer should be required to make, at the 
regular meeting on the third Monday in September, a full 
report of the amounts received and paid out in each fund since 
the date of the last annual report. A summary of the report, 
in the following form, should be filed with the secretary and 
recorded as the basis of his annual report of finances to the 
county superintendent : 



Dk. 

On hand at last report 

Rec'd from district tax 

Bec'd from other sources- 
Total 

De. 

On hand at last report . . 

Rec'd from district tax 

Rec'd from, other sources.. 



Total 

Dr. 

On hand at last report 

Rec'd from district tax 

Rec d from semi-annual 
apportionment 

Rec'd from other sources- 
Total 



SCHOOL-HOUSE FUND. 



Ck. 



Paid for school-houses 
and sites 

Paid for library and ap- 
paratus 

Paid on bonds and in- 
terest 

On hand to balance 



Total . 



CONTINGENT PUND. 



Cb. 



Paid for rent of school- 
houses 

Paid for repairing school- 
houses 

Paid for fuel 

Paid secretary 

Paid- treasurer 

PaivA iOr other purposes.. . . 

On hand to balance 



Total . 



TEACHERS' FUND. 



Or. 



Paid teachers since last 

report 

Onhand to balance 



Total. 



(6) The treasurer is responsible for all moneys coming into 
his hands by virtue of his of&ce, even if stolen or destroyed by 
fire. The board have no authority to release him, unless he ac- 
counts in full for all moneys received by virtue of his oflice. 
District Township Taylor v. W. W. Morton; District Townsldp Union 
v. Jed. W. Smith. Supreme Court Decisions, December term, 1873. 



SCHOOL LAWS OF IOWA. 25 

SUB-DIRECTOR. 

Sec. 1752. Each sub-director shall, on or before the 
third Monday in March following his election, appear before Oath, 
some officer qualified to administer oaths, and take an oath 
to support the constitution of the United States and that of 
the state of Iowa, and that he will faithfully discharge the 
duties of his office, and in case of failure to qualify, his 
office shall be deemed vacant. 

Sec. 1753. The sub-director, under such rules and re- Employ 
strictions as the board of directors may prescribe, shall mlte'^repairs: 
negotiate and make in his sub-district all necessary contracts control school 
for providing fuel for schools, employing teachers, repairing 
and furnishing school-houses, and for making all other pro- 
visions necessary for the convenience and prosperity of the 
schools within his sub-district, and he shall have the control 
and management of the school-house unless otherwise 
ordered by a vote of the district township meeting. All 



Sec. 1752. In case a sub-director fails to qualify, the vacancy 
thus created is filled by his predecessor, who holds over another 
year. A person thus holding over, should renew his oath of 
ofiice, as soon as it is ascertained that he holds over ; he inay be 
required to qualify within a time to be prescribed by the board. 
bee. 690, Code. 

Any school director or director elect, is authorized to adminis- 
ter to any school director elect the official oath required by law. 
Sec. 1790. 

Sec 1753. (a) The sub- director is clothed with certain gen- 
eral powers by this section, but these are to be exercised under 
the direction of the board. The board may restrict him, for 
example, as to when he shall employ teachers, for how long a 
time, at what compensation, and even whom he shall employ ; 
the extent of repairs, and prices paid for same ; and the amount 
and cost of fuel. The board should regulate the compensation 
of teachers, allowing such wages as the wants of each sub-dis- 
trict may require. See Thompson \. Linyi, Supreme Court Decis- 
ions, Dec. term, 1872. 

(6) Each sub-director has exclusive control of the school- 
house in his sub-district, unless the district township meeting 
has otherwise ordered. 

"If any person willfully write, make marks, or draw characiers 
on the walls or any other part of any church, college, academy, 
school-house, court-house, or other public building; or willfully 
injure, or deface the same, or any wall or fence inclosing the 
same, he shall be punished by fine not exceeding one hundred 
dollars, or by imprisonment in the county jail not more than 
thirty days." Sec. 3986, Code. 



26 



SCHOOL LA.WS OF IOWA. 



contracts made in conformity with the provisions of this 
section shall be approved by the president and reported to 
the board of directors, and said board, in their corporate 
capacity, shall be responsible for the performance of the same 
on the part of the district township. 
Make list of '^^c. 1754.' He shall, between the first and tenth days of 
heads of lami- September of each year, prepare a list of the names of the 
dren^"'^ '^'^^^ heads of families in his sub-district, together with the num- 
ber of children between the ages of five and twenty-one 
years, distinguishing males from females, and shall record 
the same in a book kept for that purpose. 
Report to sec- ^EC. 1755. He shall, between tiie tenth and fifteenth 
reiary. days of September of each year, report to the secretary of 

the district township the number of persons in his sub-dis- 
trict between the ages of five and twenty-one years, dis- 
tinguishing males from females. 
Dismiss ^^^- l*^^^- ^® shall have power, with the concurrence 

pupils with of the president of the board of directors, to dismiss any 
of president, pupil from the schools in his sub-district for gross immor- 
ality, or tor persistent violation of the regulations of the 
school, and to re-admit them, if he deems proper so to do; 
and shall visit the schools in his sub-district at least twice 
. duriuii' each term of said school. 

TEACHERS. 

_, , Sec. 1757. All contracts with teachers shall be in writing, 

Contracis .;..,. , ^ , , i • ^ , ^ i ^ • 

with teacue:^ specitying the length ot tune the school is to be taught, in 

to be in j 

writing. 

(c) " It is proper to permit the use of school-houses for the 
purpose of public worship on Sunday, or for religious services, 
publlectures ou moral or scieiicilic sabjeets, or meetings on 
questions of public interest on die evenings of the week, or at 
any time when such use will not interfere with the regular 
progressof the school," attorney-general's opinion, School Journal 
for July, lbt)9. See also I'ownsend v. Hagan, Supreme Court 
Decisions, June term, 1872. 

{d) " When a teacher or other person is about to enter in.o a 
contract with a sub-director, he knows that he is dealing wita a 
public agent whose powers are subject to regulation ana restric- 
tion by the board; he is bound to know what ihese ruiCS and 
restrictions are, and thould be governed accordingly." lb. 

Sec. 1755. Ihe failure of the sub -directors to make their 
reports, as required by this section, will deprive the district 
township of its proportion of school money. 

Sec 1757. (a) All contracts made by the sub-director, under 
the provisions of section 1753, must be ai^proved by the president 
and reported to the board of directors. The teacher's certihcate 
should be produced before the contract is signed. 



SCHOOL LAWS OF IOWA, 



27 



weeks, tlie compensation per week, or per month of four 
weeks, and such other jnatters as may be agreed upon; and 
shall be signed by the sub-director or secretary and teacher, 
and be appi'oved by and hied with the president before 
the teacher enters upon the discharge of his duties. 

Sec. 1758. No person shall be employed to teach a com- Must obtain 
mon school which is to receive its distributive share of the fi^om^cmint 
school fund unless he shall have a certificate of qualification superintend- 
signed by the county superintendent of the county in which ®'^*' 
the school is situated, or by some other otiicer duly author- 
ized by law; and any teacher who commences teaching 
without such certificate, shall forfeit all claim to compen- 
sation for the time during which he teaches without such 
certificate. 



(b) " It is the duty of the sub director to file the teacher's con- 
tract with the president of the board, and secure his approval^ 
the teacher being permitted to enter upon the performance of the 
contract, has a right to presume the contract was duly approved, 
and the absence of such approval cannot deprive the teaclier of 
the right to recover the stipulated compensation for the service 
by him rendered." Hattie Conner v. District Township of Ludlow, 
Supreme Court Decisions, Dec. term, 1872. 

(c) A contract made by a sub-director who is president, should 
be submitted to the board for approval. If a sub-director is em- 
ployed to teach the school in his own sub-district, he should con- 
tract with the board, or with a committee appointed for that pur- 
pose, by the board. 

Sec. 1758. (a) The only legal certificates, besides those given 
by county superintendents, are the perpetual state certificates 
issued by the educational board of examiners, prior to Sept. 1st, 
1873, v/hen said board was abolished. 

(6) The teacher must have a certificate during the whole term 
of school; he is not authorizei to teach a single day beyond the 
period named m his ceraficate. In case of a teacher's temporary 
absence from sickness or other cause, the place should be supplied 
with some duly qualified person selected by the sub-director. 

(c) In case a person is employed or continued as a teacher in 
violation of law without a certificaie, a resident of the district may 
sue out a writ of iujunction, restraining the person from teaching 
and the district from paying. Such a'writ cannot be served at the 
instance of the county superintendent. Perkins v. Wolf, et al., 
XVII Iowa, 228. 

Boards of directors employing and paying such teachers are 
liable to prosecution under the provisions of the general statutes 
for misapplication of funds. See sections 3965, 3966, and 3967, 
Code. 



28 SCHOOL L/IWS OF IOWA. 

Keep register. Sec. 1759. The teacher shall keep a correct daily register 
of the school, which shall exhibit the number or other desig- 
nation thereof, township and county in which the school is 
kept; the day of the week, the month and year; the name, 
age, and attendance of each pupil, and the branches taught. 
When scholars reside in difiereut districts, a register shall 
be kept for each district. 
Fiiecopywith Sec. 1760. The teacher shall, immediately after the 
secretary. close of his scliool, file in the office of the secretary of 
the board of directors, a certified copy of the register afore- 
said. 

GEKEBAL PKOVISIOISrS. 

School \. Sec. 1761. A school month shall consist of four weeks 
month. \)f £ye school days each. 

Institute: Sec. 1762. During the time of holding a teachers' insti- 

durini'^ closed ^^^^g ^^ g^j^y county, any school that may be in session in such 

county shall be closed; and all teachers, and persons desiring 

a teacher's certificate, shall attend such institute, or present 

to the,county superintejident satisfactory reasons for not so 

attending, before receiving such certificate. 

Electors may ^^0. 1763. The electors of any school district at any 

direct what legally called school meeting, may, by a vote of a majority 

taufht.^^^ of the electors present, direct the German or j3ther language 

to be taught as a branch in one or more of the schools of 

said district, to the scholars attending the same whose parents 

^ or guardians may so desij-e; and thereupon such board of 

i directors shall provide that the same be done; provided^ 



Sec. 1759. The teacher may be held responsible for the effi- 
cient discharge of every duty properly attaching to his office, 
including the oversight and preservation of school buildings, 
"■rounds, furniture, apparatus, and other school property, as well 
as the more prominent work of instruction and government. 
Making fires and sweeping the school-room are not, properly,, a 
part of the teacher's duties. In rural districts, teachers frequently 
perform tliis labor, as a matter of convenience and economy; those 
who are unwilling to perform this work, or expect to receive pay 
for it, should so stipulate v/ith the sub-director before entering 
into the contract to teach. 

Sec 1760. The secretary of the district should refuse to sign 
an order for teachers' wages, until the register is filed in his office 
as required by this section; without this register, he Cannot make 
the report required by section 1745. 

Sec 1762. The provisions of this section are not apphcable to 
the normal institutes, held in compliance with the provisions of 
sec. 1769. 



SCHOOL LAWS OF IOWA. 29 

that all other branches taught in said school or schools 
shall be taught in the English language; promded^ further, 
that the person employed in teaching the said branches shall 
satisfy the county superintendent of his ability and qualifi- 
cations, and receive from him a certificate to that effect. 

Sec. 1764. The Bible shall not be excluded from any Bible, 
school or institution in this state, nor shall any pupil be 
required to read it contrary to the wishes of his parent or 
guardian. 

COUNTY SUPEEIKTENDENT. 

Sec. 1765. The county superintendent shall not hold any cannot hold 
office in, or be a member of the board of directoi's of a ^°° ^^'^ °® 
district township or independent district, or of the board of 
supervisors during the time of his incumbency. 

Sec- 1766. On the last Saturday of each month, the Meet and ex- 
county superintendent shall meet all persons desirous of |™^^® ^^^^'^^ 
passing an examination, and for the transaction of any other 
business within his jurisdiction, in some suitable room jjro- 
vided for that purpose by the board of supervisors at the 
county seat, at which time he shall examine all such appli- 
cants for examination as to their competency and ability to 



Sec. 1764. While moral instruction should be given in every ^ 
school, neither this section nor the spirit of our constitution and 
laws, will permit a teacher or board of directors to enforce a reg- 
ulation in regard to religious exercises, which will wound the 
conscience of any ; no pupil can legally be required to conform to 
any particular mode of worship. Our common schools are main- 
tained at public expense, and the law contemplates that they shall 
be equally free to persons of every faith. A very suitable devo- 
tional exercise consists in reading a portion of Scripture without 
note or comment, and the repetition of the Lord's Prayer. 

Sec. 1766. (a) The examination of teachers is a most impor- 
tant and difficult labor. Examinations should be thorougb and 
systematic, and made with a view of obtaining the actual meas- 
ure of the applicant's proficiency in each branch. Written ex- 
aminations afford the best test of scholarship, if the questions are 
carefully prepared and frequently renewed. 

(6) While the superintendent is not specifically prohibited 
from examining teachers on other days than the last Saturday in 
each month, he should generally confine himself to these days, 
and to such additional time as the amount of labor seems to re- 
quire. He may, with advantage, make appointments to hold ex- 
aminations in different localities, for the convenience of teachers, 
previous to the commencement of the summer and winter schools. 
Such examinations, with those held at the county seat, on the 



30 SCHOOL LAWS OF IOWA, 

teach orttography, reading, writing, arithmetic, geography, 
English grammar, physiology, and history of the United 
States; and, in making such examination, he may, at his 
option, call to his aid one or more assistants. 
Givecertifi- Sec. 1Y67. If the examination is satisfactory, and the 
^^^^' superintendent is satisfied that the respective applicants 

possess a good moral character, and the essential qualifica- 
tions for governing and instructing children and youth, he 
shall give them a certificate to that efiE'ect, for a term not 
exceeding one year. 
Examination; Ssc. 1*768. Any school ofticeror other person shall be per- 
made? ^ °^ mitted to be present at the examination; and the superin- 
tendent shall make a record of the name, residence, age, and 
date of examination of all persons so examined, distinguish- 
ing between those to whom he issued certificates, and those 
rejected. 
Normal in- Sec. 1769. (As amended by Chap. 57, Laws 1874.) The 

stitute. county superintendent shall hold annually a normal institute 



last Saturday of the month, ought, ordinarily, to give sufficient 
opportunity to all persons desiring to be examined. Applica- 
tions made at other times should be rejected, unless good reasons 
are given for not attending the regular examinations; the 
interests of the schools do not require frequent or individ- 
ual examinations, and the superintendent's time can be more 
profitably employed in the performance of other duties. 

Sec. 1767. (a) County superintendents should remember that 
they are to inquire, not only into the applicant's literary qualifi- 
cation, but they must also be " satisfied that the applicant pos- 
sesses a good moral character, aiid the essential qualifications for 
governing and instructing children and j'outh." Scholarship, 
moral character, ability to govern, aptness to teach — the law requires 
all four of these qualifications in those to wliom are intrusted the 
highest interests of the state — the education of its youth. 

(6) Certificates should not be renewed or extended, with- 
out a re-examination. The law fixes the frequency of exam- 
inations by limiting the time for which certificates can be given. 
Teachers' blank certificates are furnished by the superintendent 
of public instruction on application of county superintendents. 

A fee of one dollar will, in all cases, be required before a certifi- 
cate is given. Sec. 1769. 

Sfd. 1768. The record required by this section, should be 
carefully made, as the items form a part of the county superin- 
tendent's annual report to the superintendent of public instruc- 
tion. 
/ Sec 1769. (a) The normal institute will take the place of 
^ the teachers' institute held under previous laws. It must be 



SCHOOL LAWS OF IOWA. 31 

for the instruction of teachers, and those who may desire to 
teach, and with the concurrence of the superintendent of 
public instruction, procure such assistance as maybe neces- 
sary to conduct the same, at such time as the schools in the 
county are generally closed. To defray the expenses of 
said institute, he shall require the payment of a fee of one 
dollar for every certificate issued ; also the payment of one 
dollar registration fee for each person attending the normal 
institute. He shall, monthly, and at the close of each insti- 
tute, transmit to the county treasurer, all moneys so received, 
including the state appropriation for institutes, to be desig- 
nated the " institute fund ;" together with a report of the 



held at a time when the public schools are generally closed; July, \ 
August and September, are the most favorable months, except in (, 
counties where the schools do not commence until October or ', 
November. Preparations for the institute should be commenced ' 
early, by securing the requisite instructors, rooms, fixing the 
time, &c. 

(b) The superintendent of public instruction is authorized, 
upon receipt of the proper certificate from the county superin- 
tendent, to appoint the time and place of holding the normal 
institute and to transmit to him a warrant on the state treasury 
for fifty dollars, towards defraying its expenses. Pec. 1584, Code. 
County superintendents will determine the time and place, and 
make application to the superintendent of public instruction 
according to form No. 30, at least thirty days before the institute 
is to commence. This application and appointment are necessary 
to secure the sta'e appropriation. 

(c) The length of time during which the normal institute 
shall remain in session is left to the discretion of the county 
superintendent. This will depend largely upon the amount of 
the institute fund. It cannot remain in session less than one 
week of six days. Sec. 1584, Code. A session of from three to 
six weeks may be safely undertaken in most counties. 

(d) Attendance upon the normal institute will be volunta-y \ 
on the part of teachers ; but young and inexperienced teachers ( 
will not expect to receive certificates, unless of the lowest grade, j 
without regularly attending the normal institute. By means of 
the larger fund and the greater length of time, during which this 
institute will remain in session, it can, if tiie proper means are 
employed, be rendered invaluable to teachers. The benefits 
which they will receive will secure their voluntary and general 
attendance. Any schools that may be in session during the 
normal institute, will not be closed, except upon the order of the 
board of directors thereof. 



32 



SCHOOL LAWS OF IOWA. 



Fees for cer- 
tificates. 



May appoint 
deputy. 



name of each person so contributing, and tbe amount. The 
board of supervisors may appropriate such additional sum 
as may by them be deemed necessary for the further sup- 
port of such institute. All disbursements of the institute 
fund shall be upon the order of the county superintendent ; 
and no order shall be drawn except for bills presented to 
the county superintendent, and approved by him, for servi- 
ces rendered or expenses incurred in connection with the 
normal institute. 

Sec. 1770. If, for any cause, the county superintendent 
is unable to attend to his official duties, he shall appoint a 



(e) The law requires superintendents, with the concurrence of 
the superintendent of public instruction, to procure such assistance as 
may be necessary to conduct the institute. It is expected that 
superintendents will select conductors and teachers, as far 
as practicable, and forward the names for examination and 
approval. Ordinarily, three or four instructors should be secured, 
all of whom should be superior teachers of recent experience ; 
one oi whom, at least, should have had experience in institute 
work, and be able to give plain, practical instruction in methods 
of school organization, government and teaching. One or more 
lady teachers should be secured, where it is practicable. The 
best results are usually secured by dividing the institute into 
three or more divisions for instruction in the several branches, 
leaving a portion of the time for general instruction before the 
whole institute. The superintendent may assume the general 
management of the institute, and act as conductor, assigning 
others their work, or may select another to act as conductor and 
take the place of teacher, or may simply assume the general 
oversight and direction. He is entitled to his per diem for any 
service, in conneciion with the institute, as for other official 
duties, but receives no part of the institute fund. 

(/) These normal institutes are short training schools ; their 
object is to reach and correct the greatest defects found in the 
schools. The superintendent in visiting schools should seek to 
discover the most prominent defects and wants in the methods of 
instruction. The normal institute will aflbrd effective means of 
reaching and correcting these faults. The great object is to 
instruct teachers how to teach children. 

ig) The reports and payments to the county treasurer, required 
by this section, should be made on the first day of each month. 
Blanks for this purpose, and all necessary blanks for the normal 
institute, will he furnished by the superintendent of public 
instruction upon application. 



SCHOOL LAWS OF IOWA. 33 

deputy to perform them in his stead, except visiting schools 
and trying appeals. 

Sec. nil. The superintendent may revoke the certifi- May revoke 
cate of any teacher in the county which was given by the ^'^it.iflcate. 
superintendent thereof, for any reason which would have 
justified the withholding thereof when the same was given, 
after an investigation of the fxcts in the case, of which 
investigation the teacher shall have personal notice, and he 
shall be permitted to be present and make his defense. 

Sec. 1772. On the first Tuesday of October of each Make report 
year, he shall make a report to the superintendent of pub- tende^nt ^0/ 
lie instruction, containing a full abstract of the reports Pj^biicin- 

T -..ii °- T • , • 11 struction. 

made to him by the respective district secretaries, and such 
other matters as he shall be directed to report by said su- 
perintendent, and as he himself may deem essential in ex- 
hibiting the true condition of the schools under his charge; 
and he shall, at the same time, file with the county auditor 
a statement of the number of persons between the ages of 

Sec. 1771. (a) Though an appeal will lie in such cases, the 
discretion of a county superintendent in refusing or revoking a 
teacher's certificate will not be interfered with by the superin- 
tendent of public instruction, unless it is clearly shown that in 
such act, the county superintendent violated law or abused his 
discretion. Dougherty v. Tracy, School Law Decisions, Ed.. 1872, p. 56. 

(6) The notice provided for in this section, should contain an 
explicit statement of the charges against which the teacher is 
expected to make his defense. 

Sec. 1772. (a) The blanks for the annual report of the super- 
intendent are furnished by the department of public instruction. 

(6) The superintendent may test the accuracy of the secreta- 
ries' reports by consulting the books of the county treasurer. The 
amount of the several funds reported as received from the dis- 
trict tax, also the amount received from the semi-annual appor- 
tionment, should agree with the county treasurer's ri^ceipts for the 
same. All errors should be corrected. 

(c)' The abstract of the enumeration of children in each dis- 
trict should b(^ made with especial care, and should be complete 
and accurate, otherwise the county may not obtain its just pro- 
portion of the income of the permanent school fund. 

(d) Should the district secretaries fail to make their reports 
in time, the superintendent should take prompt measures to 
secure them, even go after them if necessary. 

(e) When district townships are divided, or independent dis- 
tricts organized, the superintendent should immediately file with 
the county auditor a statement, based upon the last report of the 
secretaries, showing the number of persons of school age in each 
of the districts whose boundaries have been thus changed. 

5 



34 



SCHOOL LAWS OF IOWA. 



Penalty lor 
failure. 



Must conform 
to instruc- 
tions: visit 
schools. 



fJeport to su- 
periritendents 
of colleges for 
blind and 
deaf and 
dumb. 



Comipensa- 
tion. 



five and twenty-one years in each school district in his 
county. 

Sec. 1773. Should he fail to make either of the reports 
required in the last section, he shall forfeit to the school fund 
of his county the sum of fifty dollars, and shall, besides, be 
liable for all damages caused by such neglect. 

Sec. 1774. He shall at all times conform to the instruc- 
tions of the superintendent of public instruction, as to mat- 
ters within the jurisdiction of the said superintendent. He 
shall serve as the organ of communication between the su- 
perintendent and township or district authorities. He shall 
transmit to the townships, districts, or teachers, all blanks, 
circulars, and other communications which are to them di- 
rected; he shall visit each school in his county at least once 
in each term, and shall spend at least one-half day in each 
visit. 

Sec. 1775. He shall report on the first Tuesday of Octo- 
ber of each year to the superintendent of the Iowa college 
for the blind, the name, age, residence, and postoflice ad- 
dress of every person blind to such an extent as to be un- 
able to acquire an education in the common schools, and 
who resides in the county in which he is superintendent, 
and also to the superintendent of the Iowa institution for 
the deaf and dumb, the name, age, and postoffice address of 
every deaf and dumb person between the ages of five and 
twenty-one who resides within his county, including all 
such persons as may be deaf to such an extent as to be un- 
able to acquire an education in the common schools. 

Sec. 1776. The county superintendent shall receive 
from the county treasury the sum of three dollars per day 
for every day necessarily engaged in the performance of 
ofiicial duties, and also the necessary stationery and post- 
age for the use of his office, and he shall be entitled to such 
additional compensation as the board of supervisors may 
allow; provided, that he shall first file a sworn statement 



Sec. 1774. The superinti ndent in his visits should seek to aid, 
instruct and inspire teachers to the employment of the best 
methods of teaching, governing and conducting their schools; 
should try to secure the proper classification of pupils, the 
arrangement of courses of study, and the care and protection of 
the school propeity. He should study to awaken among parents 
and children, a deeper interest in the public schools so as to secure 
improved attendance, deportment and scholarship of pupils, and 
more frequent visits of parents and school officers. A judicious 
visit from the superintendent may often serve to infuse new life 
into the school. 

Sec 1775. The blanks for these reports are furnished by the 
superintendents of the respective institutions. 



SCHOOL LAWS OF IOWA. 35 

of the time he has been employed in his official duties, with 
the county auditor. 



Sec. 1777. The board of dii-ectors shall, at their regular Boardofdirec- 
meeting in March of each year, or at a special meeting con- mate°amount 
vened for that purpose, between the time designated for inquired for 
such regular meeting and the third Monday in May, esti- and teachers' 
mate the amount required for the contingent fund, and also ^^^'^' 
such sum as may be required for the teachers' fund, in 
addition to the amount received from the semi-annual ap- 
portionment, as shown by the notice from the county 
auditor, to support the schools of the district for the time 
required by law for the current year; and shall cause the 
secretary to certify the same, together with the amount voted 
for school-house purposes, within five days thereafter to the 
board of supervisors, who shall at the time of levying taxes 
for county purposes, subject to the provisions of section 
seventeen hundred and eighty of this chapter, levy the per 
centum necessary to raise the sum thus certified upon the 
property of the district township, which shall be collected 
and paid over as are other district taxes. 



Sec. ] 777. (a) This section requires boards of directors to cer- 
tify the speciiSc sums necessary to be raised for teachers' and 
contingent fund to the board of supervisors, whose duty it is to 
estimate and levy the per centum necessary to raise the amount 
so certified. 

(6) Section 1780 limits the amount which may be levied in a 
district township for any one year to fifteen dollars per scholar 
for teachers' fund and five dollars per scholar for contingent 
fund, but authorizes the levy of seventy-five dollars for contin- 
gent, and two hundred and seventy dollars for teachers' fund, for 
each sub-district, even if the levy thereby exceeds five and fifteen 
dollars per scholar, for these funds. 

(c) The teachers' and contingent funds are not to beappor- 
ioned among the sub-districts, but levied uniformly on the 
taxable property of the district township. 

{d) The board of supervisors are not restricted to levying the 
exact amount certified, if this should require the levy of fractional 
mills. The amount levied should not be less than the amount 
certified. 

(e) Chapter 67, laws of 1774, authorizes districts formed from 
territory lying in adjoining counties, to vote and certify to the re- 
spective boards of supervisors the number of mills on the dollar 
required to raise the necessary school taxes. This law is inserted 
at the end of this chapter. 



36 



SCHOOL LAWS OF IOWA. 



Apportion 

school-house 

tax. 



Excess. 



Limitation. 



Sec. 1778. They shall apportion any tax voted by the 
district township meeting for school-house fund, among the 
several sub-districts in such a manner as justice and equity 
may require, taking as the basis of such apportionment the 
respective amounts previously levied upon said sub-districts 
for the use of such fund; provided, that if the electors of one 
or more sub-districts at their last annual meeting shall have 
voted to raise a sum for school-house purjDoses greater than 
that granted by the electors at the last annual meeting of 
the district township, they shall estimate the amount of such 
excess on such sub-district or sub-districts, and cause the 
secretary to certify the same within five days thereafter to 
the board of supervisors, who shall, at the time of levying 
taxes for county purposes, levy the per centum of such 
excess on the taxable property of the sub-district asking the 
same, provided that not more than fifteen mills on the dollar 
shall be levied on the taxable j^roperty of any sub-district 
for any one year for school-house purposes. 



Sec. 1778. (a) All school-house taxes must be vo'ed either by 
the district or by the sub district electors. When voted they 
must in all cases be certified to the board of supervisors. All 
taxes voted by the district township meeting must be apportioned 
among the sub-districts of the township. The basis of this ap- 
portionment is the aggregate number of mills that have been levied 
upon the sub-districts of the township for school-house purposes. 
The apportionment should be made so as gradually to equalize 
these rates, in order that the school-house tax may, ultimately, be 
uniform throughout the district. 

(b) The township electors may vote a tax for the erection of a 
school-house in any sub-district without previous action of the 
sub-district electors. If the sub-district electors vote to raise a 
sum for school-house purposes, it is the duty of the sub-director 
to certify the same to the district township meeting. If this duty 
is neglected, the board of directors are not authorized to certify 
the tax voted. Whatever portion of the sum properlj'- certified 
the district meeting neglects or refuses to grant, must be certified 
and levied directly upon the sub-district making the request, in 
addition to the equitable portion of the whole amount voted by 
the district township meeting. 

(c) The tendency of the action of the sub-district electors in 
voting school-house taxes is to produce unequal rates of taxation 
for school-house purposes, and to otherwise greatly complicate 
the raising of school-house funds ; hence, unless the necessities 
of the case absolutely require, such action should not be en- 
couraged. All necessary school-house taxes should, as a rule, be 
voted by the district township meeting. 



SCHOOL LAWS OF IOWA. 



37 



Sec. 1779. The board of supervisors of each county, Boardofsu- 
shall, at the time of levying the taxes for county purposes, Fevy tax! *° 
levy a tax for the support of schools within the county of 
not less than one mill, nor more than three mills on the 
dollar, on the assessed value of all the real and personal 
property within the county, which shall be collected 
by the county treasurer at the time and in the same manner 
as state and county taxes are collected, except that it shall 
be receivable only in cash. 

Sec. 1Y80. They shall also levy at the same time, the dis- Same:amount 
trict school tax certified to them from time to time by the fted!^^^^"^ 
respective district secretaries; provided^ that the amount 
levied for school-house fund shall not exceed ten mills on 
the dollar on the property of any district, and the amount 
levied for contingent fund shall not exceed five dollars per 
pupil, and the amount raised for teachers' fund, including 
the amount received from tlie semi-annual apj)ortionment, 
shall not exceed fifteen dollars per pupil for each pupil 
residing in the district, as shown by the last report of the 
county superintendent. And if the amount certified to the 
board of supervisors exceeds this limit, they shall levy only 
to the amount limited; provided^ that they may levy sev- 
enty-five dollars for contingent fund, and two hundred and 
seventy dollars, including the amount received from the semi- 
annual apportionment, for the teachers' fund for each sub- 
district. 

COUNTY ACTDITOE. 

Sec. 1781. The county auditor shall, on the first Monday county audit- 
in April and the fourth Monday in September of each year, oj to appor 
apportion the county school tax, together with the interest interest on 
of the permanent school fund to which his county is enti- school fund, 
tied, and all other money in the hands of the county treas- 
urer belonging in common to the schools of his county and 
not included in any previous apportionment, among the 
several districts therein, in proportion to the number of j^er- 
sons between five and twenty-one years of age, as shown by 
the report of the county superintendent filed with him for 
the year immediately preceding. 

Sec. 1780. The second proviso to this section was added for the 
relief of sparsely settled townships in which five dollars per pu- 
pil for contingent fund, and fifteen dollars per pnpil for teachers' 
fund is not adequate to maintain schools for the time required by 
law. In such districts these limits may be exceeded, providing 
not more than |75 00 for contingent fund, and $270.00, including 
the semi-annual apportionment for teachers' fund, is levied for 
each sub-district in the township. 

Sec. 1781. i'or the basis of the apportionment to new districts 
see note (e) to sec. 1772. 



38 



SCHOOL LAWS OF IOWA, 



Notify presi- 
dent of each 
school district 
ot same. 



Forward cer- 
tificate of 
election of 
county super- 
intendent and 
report to au- 
ditor of state. 



Sec. 1782. He shall immediately notify the president of 
each school district of the sum to which his district is enti- 
tled by said apportionment, and shall issue his warrant for 
the same to accompany said notice, which warrant shall be 
also signed by the president and countersigned by the secre- 
tary of the district in whose fayor the same is drawn; and 
shall authorize the district treasurer to draw the amount due 
said district from the county treasurer; and the secretary 
shall charge the treasurer of the district with all warrants 
drawn in his favor, and credit him with all warrants drawn 
on the funds in his hands, keeping separate accounts with 
each fund. 

Sec. 1*783. He shall forward to the superintendent of 
public instruction, a certificate of the election or appoint- 
ment and qualification of the county superintendent; and 
shall, also, on the second Monday in February and August 
of each year, make out and transmit to the auditor of state, 
in accordance witli such form as said auditor may prescribe, 
a report of the interest of the school fund then in the hands 
of the county treasurer, and not included in any previous 
apportionment, and also the amount of said interest remain- 
ing unpaid. 



Pay over 
taxes to ap- 
propriate 
officer. 



COUNTY TEEASUEEE. 

Sec. 1784, The county treasurer shall, on the first Mon- 
day in April of each year, pay over to the treasurer of the 
district the amount of ail school district tax which shall 
have been collected, and shall render him a statement of 
the amount uncollected, and shall pay over the amount in 
his hands quarterly thereafter. He shall also keep the 
amount of tax levied for school-house purposes, separate in 
each sub-district, where such levy has been made directly 
upon the property of the sub-district making the applica- 
tion, and shall pay over the same quarterly to the township 
treasurer fo'r the benefit of such sub-district. He shall, in 
all counties wherein independent districts are organized, 
keep a separate account with said independent districts, in 



Sec. 1783. It is important that the certificate referred to should 
be promptly forwarded to the superintendent of public instruc- 
tion. Otherwise, the interests of the county may suffer by the 
transaction of business with persons not duly authorized to act. 
The cerdficate should in all cases cerlify to the qaalificadon as 
well as the election or appointment of the county superintend- 
ent; for although he may be properly elected or appom.ed, yet 
he cannot be recognized until it is known that he has taken the 
necessary oath of office. Whenever any change is made by 
resignation or otherwise, a certificate of the appointment of a 
successor should be immediately forwarded. 



SCHOOL LAWS OF IOWA. 39 

which the receipts shall be daily entered, which books shall 
at all times be opeu to the inspection and examination of 
the district board of directors, and shall pay over to the 
said independent districts the araomit of school taxes in 
his possession on the order of the board, on the first day of 
each and every month. 

Sec. 1785. On the first day of each quarter, the county To notify 
treasurer shall give notice to the president of the school sc^ooiToard 
board of each township in his county of the amount col- quarterly. 
lected for each fund; and the president of each board shall 
draw his warrant, countersigned by the secretary, upon the 
county treasurer for such amount, who shall pay the 
amount of such taxes to the treasurers of the several school 
boards only on such warrants, 

MISCKLL^lSTEOUS. 

Sec. 1786. All fines and penalties collected from a Fines and 
school district officer by virtue of any of the provisions of P^^^^-t'^^- 
this chapter, shall inure to the benefit of that particular dis- 
trict. Those collected from any member of the board of 
directors, shall belong to the district township, and those 
collected from county officers, to the county. In the two 
former cases, suit shall be brought in the name of the dis- 
trict township; in the latter, in the name of the county, 
and by the district attorney. The amount in each case 
shall be added to the fund next to be applied by the recipi- 
ent for the use of common schools. 

Sec. 1787. When a judgment has been obtained against Judgments: 
a school district, the board of directors shall pay off" and ^"^^ P^^*^" 
satisfy the same from the proper fund, by an order on the 
treasurer; and the district meeting, at the time for voting a 
tax for the payment of other liabilities of the district shall 
provide for the payment of such order or orders. 

Sec. 1788. In case a school district has borrowed money Moneybor- 
of the school fund, the board of supervisors shall levy rowed of 

1 , ,' ,^ -ii ^T 1 11 • school fund: 

such tax, not exceeding nve mills on the dollar m any one how paid, 
year, ou the taxable property of the district as constituted 
at the time of making such loan, as may be necessary to 
pay the annual interest on said loan, and the principal 
when the same falls due, unless the board of supervisors 
shall see proper to extend the time of said loan. 

Sec. 1789. No district township or sub-district meeting Hours of 
shall organize earlier than nine o'clock a. m., nor adiourn meeting and 

° 'J adjourning. 

Sec. 1785. The three funds, provided for by law, viz.: school-\ 
house, teachers', and contingent, mu^t be kept separate by the/ 
coun.y treasurer, as provided-for in this section, to enable school/ 
officei-ci 10 comply with the law in the discharge of their official ( 
duties. «eeseciions 1739, 17il, 1745, 1748, and 1750. 

Sec 1789. (a) The object of this section is to prevent a few , 



40 SCHOOL LAWS OF IOWA. 

before twelve o'clock m.; and in all independent districts 
having a population of three hundred and upward, the polls 
shall remain open from nine o'clock a. m. to four o'clock 

p. M. 

Sec. 1790. Any school director, or director elect, is Oath: admin- 
authorized to administer to any school director elect the Jf^^j^gj.*^®'^"^ 
oificial oath required by law, and said official oath may be 
taken on or before the third Monday in March following the 
election of directors. 

Sec. 1791. When any school officer is superseded by Deliver 
election or otherwise, he shall immediately deliver to his j[^oks^etc. to 
successor in office, all books, papers, and moneys pertain- successor: ' 
ing to his office, taking a receipt therefor; and every such FaTuitef 
officer who shall refuse to do so, or who shall wilfully mu- 
tilate or destroy any such books or papers, or any part 
thereof, or shall misapply any moneys entrusted to him by 
virtue of his office, shall be liable to the provisions of the 
general statutes for the punishment of such offense. 

Sec. 1792. Nothing in this chapter shall be so construed Jurisdiction. 
as to give the board of directors of a district township ju- 
risdiction over any territory included within the limits of 
any independent district. 

Sec. 1793. Children residing in one district may attend children re- 
school in another in the same or adjoining county, on such di^trioMnay^ 

terms as may be agreed upon by the respective boards of attend school 

111 iiiiOuiiGr, 



designing persons from meeting at an unusual hour, dispatching 
the business with unseemly haste, and adjourning before many 
of the electors arrive. The meeting should he conducted with 
entire fairness, and an opportunity given for an expression of the 
real sentiment of the district. 

(6) In district townships, sub-districts, and in independent 
districts containing less than three hundred inhabitants, the meet- 
ing may be organized at any time after 9 o'clock a. m., and before 6 
o'clock P.M., and may continue as long after 12 m., as circumstances 
may require. 

Sec. 1790 When any election is contested, the person elected 
shall have twenty days in which to qualify, after the day of the 
decision. Code, 687. 

Sec. 1791. See sections 3908, 3917, 3918, and 3929, Code. 

The language of this section includes copies of the School 
Laws, School Journal, Eeports, and all other publications which 
may be received by virtue of being a school officer. 

Sec. 1793. (a) If pupils reside more than two miles from a 
school in their own district, and nearer to a school in an adjoining 
district, which they desire to attend, application should first be 
made to both boards of directors ; if the board of the district in 
which the^ reside refuse to enter into an agreement, they may 



SCHOOL LAWS OF IOWA. 41 

directors, but in case no such agreement is made, they may- 
attend school in any such adjoining district with the con- 
sent of the board of directors thereof, when they reside 
nearer to the school in said district and two miles or more 
from any school in their own district. The board of di- 
rectors of the township in which the children reside shall 
be notified in writing, and the district in which they reside 
shall pay to the district in which they attend school the av- 
erage tuition of said children per week, and an average pro- 
portion of the contingent expenses of the district where 
they attend school, and in case of refusal so to do, the sec- 
retary shall file the account for said tuition and contingent 
ej^penses, certified to by the president, with the county audi- 
tor of the county in which said children reside, who shall, 
at the time of making the next semi-annual apportionment 
thereafter, deduct the amount from the sum apportioned to 
the district in which said children reside, and pay it over to 
the district in which they have attended school. 

Sec. 1794. Pupils who are actual residents of a district Residence of 
shall be permitted to attend ^chool in the same, regardless p^p^^^- 
of the time when they acquired such residence, whether 
before or after the enumeration, or of the residence of their 
parents or guardians; but pupils who are sojourning tem- 
]3orarily in one district, while their actual residence is in 



attend school in such adjoining district with the consent of the 
board thereof, whose secretary should immediately notify the 
board of the district where such children reside. Payment for 
attendance can be collected from the district where they reside 
only from the date of such notice. 

(6) The average proportion of tuition and contingent expenses 
for each pupil or for any number of pupiis, is found by dividing 
the amount expended for these purposes in the sub-district where 
they have attended by the total attendance in days and multiply- 
ing the quotient by the number of days the pupil or pupils have 
attended. 

(c) If pupils reside nearer to a school in their own district, or 
within two miles of one, they can attend school in an adjoining 
district at the expense of their own district, only by agreement 
of boih boards. In no case can pupils attend school in a district 
in which they do not reside without the consent of the board 
thereof. The distance should, in all cases, be computed by the 
nearest public road. 

Sec 1794. The residence of the pupil, and not of the parent, 
determines his right to attend school. The parent may reside in 
one district, and the child in another. If the parent sends him 
into another district to remain for a limited period, he can attend 



42 SCHOOL LAWS OF IOWA. 

another, and to whom the last preceding section is not 
applicable, may attend school upon such terms as the board 
of dix-ectors may deem just and equitable. 
Pupils: where S:e.c. 1795. Fupils may attend school in any sub-district 
attend school, of the district township in which they reside with the con- 
sent of the sub-director of such sub-district, and of the sub- 
director of the sub-district in which such pupils reside. 
Divide town- Sec. 1796. The board of directors shall, at their regular 
ships. meeting in September, or at any special meeting called 

thereafter for that purpose, divide their township into sub- 
districts, such as justice, equity, and the interests of the 
people require; and may make such alterations of the bound- 
aries of sub-districts heretofore formed, as may be deemed 
necessary; and shall designate such sub-districts, and all 
subsequent alterations, in a distinct and legible manner, 
upon a plat of the district provided for that purpose; and 
shall cause a written description of the same to be recorded 
in the district records, a copy of which shall be delivered 
by the secretary to the county treasurer, and also to the 
county auditor, who shall record the same in his office; pro- 
vided, that the boundaries of sub-districts shall conform to 
the lines of congressional divisions of land; and that the 
formation and alteration of sub-districts as contemplated in 
this section, shall not take eflect until the next sub-district 
election thereafter, at which election a sub-director shall be 
elected for the new sub-district. 



school only on such terms as may be prescribed by the board of 
directors. 

Sec. 1796. (a) All alterations must be made between the 
third Monday in September, and the first Monday in March. 
They should be completed at such time in February as will permit 
the proper notice to be given for the election of a sab-director on 
the tirst Monday of March. Sec. 17i8. It requires a vote of a 
majority of all the members of the board of directors to make any 
changes in the boundaries of sub-districts. Sec. 1738. 

(6) It is especially important that the county auditor and 
treasurer be officially notitied by the district secretary whenever 
any changes are made in tiie district township boundaries, by the 
formation of independeat districts or otherwise, to enable these 
officers to perform their duties in the levy of taxes and the 
apportionment and disbursement of school funds. 

(c) By congressional divisions of land is meant those divisions 
authorized by congress in government surveys, of which the 
smallest is, in general, one-sixteenth of a section, or a tract of 
forty acres in a square form. Government lines, however, some- 
times meander along streams and other bodies of water, and 
divisions of land are thus formed of less than forty acres. 



SCHOOL LAWS OF IOWA. 43 

Sec. 1797. In cases where, by reason of streams or other where 
natural obstacles, any portion of the inhabitants of any streams^or^ 
school district cannot, in the opinion of the county superin- cies interfere. 
tendent, with reasonable facility enjoy the advantages of any 
school in their township, the said county superintendent, 
with the consent of the board of directors of such district 
as may be affected thereby, may attach such part of said 
township to an adjoining township, and the order therefor 
shall be transmitted to the secretary of each district, and be 
by him recorded in his records, and the proper entry made 
on his plat of the district. 

Sbc. 1798. In all cases where territory has been or Restoration o 
may be set into an adjoining c(»unty or township for school territory. 
purposes, such territory may be restored by the concurrence 
of the respective boards of directors; but on the written 
application of t/vO-thirds of the electors residing upon the 
territory within the township in which the school-house is 
not' situated, the said board shall restore the territory to the 
district in which it geographically belongs. 

Sec. 1799. The boundary lines of a civil township shall xownstiip 
not be changed by the board of supervisors of any county, ]^^^^ changed 
so as to divide any school district J3y changing the boundary as to divide 
lines thereof, except when a majority of the voters of such ^^***"^''- 
district shall petition therefor; provided howevtr, that this 
shall not prevent the change of the boundary lines of any 
civil township, when such change is made by adopting the 
lines of congressional townships. 



Sec. 1797. {a) This section contains the only provision of 
law under which a sub-districc can be formed from parts of two 
or more district townships ; the law should be strictly complied 
with, else the proceedings will be invalid. Sub-districts cannot 
be formed from portions of two or more counties. 

(6) Streams well bridged and distance are not "natural obsta- 
cles" in the contemplation of the law. 

(c) Such sub-districts can be formed only by concurrent action 
of the boards of directors of the distritcs atfected, and the 
county superintendent. As the county superinieiident has orig- 
inal concurrent jurisdiction, no appeal can be taken from the 
refusal of a board to give its consent. 

Sec 1798. When the boundaries of districts are changed, the- 
territory transferred carries with it a just proportion of all assets. 
and liabilities of the district from which it is taken. 

Sec 1799. District township boundaries must conform to the 
boundaries of civil townships under the provisions of section 
1713. The boundaries of independent districts are not affected 
by the change of civil township boundaries. 



44 



SCHOOL LAWS OF IOWA. 



INDEPENDENT DISTRICTS. 



Separate dis- 
tricts formed 



Vote of'pee- 
ple. 



Sec. 1800. Any city or town containing not less than 
three liunclred inhabitants within its limits, may be consti- 
tuted a separate school district; and territory contiguous to 
such a city or town may be included with it as a part of 
said separate district in the manner hereinafter provided, 

Sec. 1801. At the written request of any ten legal voters 
residing in such city or town, the board of directors of the 
district township shall establish the boundaries of the con- 
templated school district, including such contiguous territory 
as may best subserve the convenience of the people for 
school purposes, and shall give at least ten days' previous 
notice of the time and place of meeting of the electors re- 
siding in said district, by posting written notices in at least 



Sec. 1800. (a.) the word "town," as used in this section, 
applies both to incorporated and unincorporated towns or villages 
whose plats are recorded. The three hundred inhabitants must 
be contained within the limits of the town. 

(6) An independent district cannot be formed from a city or 
town situated within an independent district. 

Sec 1801. (a) The independent dibtrict must include all of 
the city or town, and may include as much contiguous territory 
as trie board of directors think proper. It is not limited by tub- 
district lines, but may, if necessary, include a part or all of two 
or more sub-districts. When the boundaries extend beyond the 
limits of a town or city, they must conform to lines of congres- 
sional divisions of land. 

(6) The board of directors of the district township in which a 
majority of the voters of the contemplated independent district 
reside, may legally establish the boundaries of said district with- 
out the concurrence of any other board of directors, even when 
said territory is comprised in two oi more civil or district town- 
ships in the same or adjoining counties. 

(c) The notices of the election to determine the question of a 
separate organization, should state with clearness the boundaries 
of the proposed district. 

{d) The president and secretary of the district township, 
should act as chairman and secretary of this meeting, and as 
judges of the election ; in their absence a chairman and secretary 
should be chosen by the electors. 

"All of the electors residing within the proposed limits must 
be permitted to vote on the question of separate organization." 
Fort Dodge City School District v. The District Township of Wahkonsa, 
XVII Iowa, 85. 



SCHOOL LAWS OF IOWA. 45 

five conspicuous places therein; at which meeting the said 
electors shall vote by ballot for or against a separate organ- 
ization. 

Sec. 1802. (As amended by chapter 27, laws of 1874.) ^//g^^^*^''^ 
Should a majority of votes be cast in favor of such separate 
organization, the board of directors of the district township 
shall give similar notice of a meeting of the electors for the 
election of six directors. Two of these directors shall hold 
their office until the first annual meeting after their election, 
and until their successors are elected and qualified; two until 
the second; and two until the third annual meeting there- 
after; their respective terms of office to be determined by lot. 
The six directors shall constitute a board of directors for the 
district, and they shall, at their first regular meeting in each 
year, electa president from their own number; and at their 
meeting on the third Monday of September in each year a 
secretary and treasurer to.be chosen outside of the board; 
2orovided, that in all independent districts having a popula- 
tion of less than five hundred, there shall be three directors 
elected, who shall organize by electing a president from 
their own number, also a secretary and treasurer who may 
or may not be members of the board; and provided further^ 
that in all independent districts already organized, the terms 
of office of such directors as may have been chosen previous 
to the taking effect of this section for two or three years 
shall not be interfered with by its passage. 



(e) " At the meeting held to determine the question of separate 
organization of an independent district, the polls must remain 
open from 9 o'clock a. m., until 4 o'clock p. m." District Township 
of Hesper v. Independent District of Burr Oak, XXXIV Iowa, 306. 

Sec. 1802. (a) The first hoard of directors of an independent 
district will enter upon the discharge of official duties as soon as 
qualified, and organize by electing a president, a secretary and a 
treasurer ; the term of ofiice of the president will expire on the 
third Monday in March following his election ; of the secretary 
and treasurer, on the third Monday in September after their 
election. The secretary should immediately file with the county 
superintendent, auditor and treasurer, each, a certificate, show- 
ing the officers of the board, and their post-ofiice address, and 
should notify them of all subsequent changes made in the officers 
of the board. Sec. 1736. 

(6) In all independent districts, the president is chosen by the 
board from their own number on the third Monday in March, 
He has the right to vote on all questions coming before the 
board. The secretary and treasurer are elected on the third Mon- 
day in September. In districts containing over five hundred in- 
habitants, they must be chosen outside of the board. In dis- 



46 SCHOOL LAWS OF IOWA. 

Meeting for. Sec. 1803. Said meeting for the first election of directors 
shall organize by appointing a president and secretary, who 
shall act as judges of the election and issue a certificate of 
election to the persons elected. 
When organ- Sec. 1804. The organization of such independent dis- 
com'^pi°ted: tT^^ct shall be Completed on or before the first day of August 
disposition of of the year in which said organization is attempted, and 
when such organization is thus comj)leted, all taxes levied 
by the board of directors of the district township of which 
the independent district formed a part in that year, shall be 
void so far as the property within the limits of the inde- 
pendent district is concerned; and the board of directors of 
such independent district shall levy all necessary taxes for 
school purposes as provided by law for that year at a meet- 
ing called for that purpose, at any time before the third 
Monday of August of that year, which shall be certified to 
the board of supervisors on or before the first Monday of 
September, and said board of supervisors shall levy said tax 
at the time and in the manner that school taxes are required 
to be levied in other districts. 
When formed Sec. 1805. In case such district is formed of parts of 
ofpart^of two ^wo Or more civil townships in the same or adjoining coun- 



tricts containing less, they may or may not be chosen from the 
board. When chosen outside the board they have no vote. 

(c) The last official census, will, as a general rule, be suffi- 
ciently accurate to determine questions relating to the population 
but in cases of doubt, the actual existing facts govern ; these facts 
may be ascertained by any reliable means. 

(d) In case the board fail to elect an officer on the day fixed 
by law, by reason of a tie vote or other cause, a special meeting 
may be called for this purpose. If the treasurer continues in 
office by reason of failure to elect a successor, his bond should 
be renewed to run until his successor is elected. 

{e) " Secretaries and treasurers of school districts, elected on 
the third Monday of March, 1874, shall hold their offices until 
the third Monday of September, 1874, and until their f^uccessors 
are elected and qualified," Sec. 2, Chapter 27, General Laws, 1874. 

(/) All proceedings connected with the organization of the 
district, should be recorded by the secretary in the records of the 
district, so that the facts concerning its formation and organiza- 
tion may be readily obtained in case the validity of the proceed- 
ings should ever be questioned. 

Sec 1804. When a new independent district is organized, as 
provided in this section, the board of directors have authority to 
determine and certify all necessary taxes, for school purposes, 
f or that year, including school-house taxes. 



SCHOOL LAWS OF IOWA. 47 

ties, the duty of giving the notice shall devolve upon the 
board of directors of the township in which a majority of 
the legal voters of the contemplated district reside. 

Sec. 1806. Said district may have as many schools, and Number of 
be divided into such Avards or other sub-divisions for school ^^ o"*sm. 
purposes, as the board of directors may deem proper; and 
shall be governed by the laws enacted for the regulation of 
district townships, so far as the same may be applicable. 

Sec. 1807. It shall be lawful for the electors of any in- School house 
dependent district, at the annual meeting of such district, by^eTecforsr^ 
to vote a tax, not exceeding ten mills on the dollar in any 
one year, on the taxable property of such district, as the 
meeting may deem sufficient for the purchase of grounds 
and the construction of the necessary school-houses for'the 
use of such independent district, and for the payment of 
any debts contracted for the erection of such school-houses, 
and for procuring a library and apparatus for the use of the 
schools of such independent district. 

Sec. 1808. The annual meeting of all independent dis- Annual meet- 
tricts shall be held on the second Monday in March for the "^^* 
transaction of the business of the district, and for the elec- 
tion by ballot of two directors, as the successors of the two 
whose term expires, who shall continue in office for three 
years; and the president, secretary, and one of the directors 
then in office shall act as judges of the election, and shall 
issue certificates of election to the persons elected for the 
ensuing term; provided, that in all independent districts, 
having a population of less than five hundred, there shall 
be elected, annually, one director, who shall continue in of- 
fice for three years. 

Sec. 1809. When an independent district has been 



Sec. 1807. The power to vote school-house taxes belongs ex- 
clusively to the electors. The amount deemed, necessary, and not 
a certain number of mills on the dollar, should be voted. The 
sums necessary for the teachers' and contingent funds are deter- 
mined by the board of directors. 

Sec 1808. (a) All vacancies which have occurred in the 
board, during the preceding year, should also be filled by elec- 
tion ; the persons so elected hold for the residue of the unexpired 
term ; all persons appointed to fill vacancies in office, hold until 
the next regular election. See new constitution of Iowa, art. 
11, sec. 6 ; also, sec. 785, Code. 

(6) The members elect enter upon their duties at the time of 
the regular meeting of the board, on the third Monday in March. 
For time and manner of choosing the officers of the board, see 
sections 1721, 1790, 1802, 1806, and notes. 

Sec 1809. (a) The provisions of this section, relative to 



48 SCHOOL LA.WS OF IOWA. 

Remainder a formed out of a civil township, or townships, as herein con- 
shlp"''^ °^° templated, the remainder of such township, or of each of 
such townships, as the case may be, shall constitute a dis- 
trict township as provided in section seventeen hundred and 
thirteen of this chapter, and the boundaries between such 
district township and independent district may be changed, 
or the independent district abandoned at any time, with the 
concurrence of their respective boards of directors. 
When inde- Sec. 1810. In case an independent district embraces a 

pendent dis- p^xt or the whole of a civil township which has no separate 
whole town- district township organization, upon the written application 
ship. ^f two-thirds of the electors residing upon the territory of 

such independent district and within such civil township 
to the board of directors, they shall set off such territory, 
whether provided with school-houses or not, to be organ- 
ized as a district township in the manner provided for such 
organization when a new civil township is formed. 
Districts may Sec. 1811. Independent districts located contiguous to 
unite: man- each Other, may unite and form one and the same independ- 
ent district, in the manner following : At the written re- 
quest of any ten legal voters residing in each of said inde- 
pendent districts, their respective boards of directors shall 
require their secretaries to give at least ten days' notice of 
the time and place for a meeting of the electors residing in 
such districts, by posting written notices in at least five 
public places in each of said districts, at which meetings 
the said electors shall vote by ballot for or against a con- 
solidated organization of said independent disti^icts; and if 
a majority of the votes cast at the election in each district, 
shall be in favor of uniting said districts, then the secreta- 
ries shall give similar notice of a meeting of the electors as 
j)rovided for by the law for the organization of independent 
districts. The independent district thus consolidated shall 
be completed, and its directors governed by the same pro- 
visions of the law which apply to other independent dis- 
tricts. 
School dis- Sec. 1812. Where, under the school laws of the state 

!L^^*^^iJi?&i^ heretofore in force for the convenience and accommodation 
maybe of the people, school districts were formed of portions oi 

fndependent two counties of territory lying contiguous to each other, at 

district. 

changing district boundaries, apply also to boundaries between 
adjoining independent districts. See sec 1806. 

(6) Territory transferred from one district to another, carries 
with it an equitable proportion of the assets and liabilities of the 
district from which ir is taken ; tlie district to which it is trans- 
ferred, becomes responsible for such liabilities. 

Sec 1812. This section applies only to "school districts" 
formed from territory lying in two counties, prior to 1858, which 
became sub-districts ui^on the adoption of the district township 



SCHOOL LAWS OF IOWA. 49 

the written request of five legal voters residing in portions 
of said territory in each county, the board of directors of 
the district township to which such territory belongs, having 
a majority of the legal voters, shall fix the boundaries of an 
independent school district composed of such sections of 
land, or portions thereof, as may be described in the petition 
therefor, and shall give at least ten days' notice of the sub- 
mission of the question of the formation of said independ- 
ent district, at a special election for said purpose, specifying 
the boundaries of the district, the time and place of the 
meeting of the electors for such election, at which meeting 
the electors in the contemplated, district shall vote by ballot 
for or against the separate organization. Should a majority 
of the votes be cast in favor of such separate organization, 
the said board of directors shall proceed by ballot to elect 
ofiicers in the manner provided by law, and organize such 
independent district. 

Sec. 181.3. The boards of directors of the several inde- Detailed state- 
pendent school districts are hereby required to publish, two ^fpts an'ddis- 
weeks before the annual school election in such district, by bursemems 
publication in one or more newspapers, if any are published p"*^!'^^^®*^- 
in such district, or by posting up in writing in not less than 
three conspicuous places in such independent district, a de- 
tailed and specific statement of the receipts and disburse- 
ments of all funds expended for school and building pur- 
j)oses for the year preceding such annual election. And 
the said boards of directors shall also, at the same time, 
publish in detail an estimate of the several amounts which, 
in the judgment of such board, are necessary to maintain 
the schools in such district for the next succeeding school 
year; and failure to comply with the provisions of this sec- 
tion shall make each director liable to a penalty of ten dol- 
lars. 



system and still remain sub-districts. The words " school 
districts " do not mean sub districts. The only school districts 
legally formed from such territory since 1858 are independent 
districts. 

The language of the last clause is construed to mean that the 
said board shall proceed to call an election in the independent 
district fur the election of officers, as provided by section 1S02. 

Sec. 1813. This statement should show the total receipts and 
expenditures for each fund, followed by an estimate of the amount 
required ibr each fund to maintain the schools for the ensuing 
year. The " detailed and specific statement of the receipts and 
disbursements of all funds expended," should be sufficiently 
itemized to show the amount received from each separate source ; 
also the amount expended for each particular purpose. 



50 



SCHOOL LAWS OF IOWA. 



Districts con- 
solidated and 
organized as 
independent 
districts. 



Sub-districts 
inay become 
independent. 



Question of 
separate 
organization 
sutiinitted to 
electors. 



Sec. 1814. Township districts may be consolidated and 
orsranized as independent districts, in the following manner: 
Whenever the board of directors of any existing; district 
township shall deem the same advisable, and also whenever 
requested to do so by a petition signed bv one-third of the 
voters of the district township, the board shall submit to 
the voters of said district township, at a regular election, or 
one called for the purpose, the question of consolidation, at 
which election the voters of the district township shall vote 
for or against consolidation. If a majority of votes shall 
be in favor of such consolidated organization, such district 
township shall organize on the second Monday of March 
following as an independent district ; provided, that in 
townships which have been divided into independent dis- 
tricts, the duties in this section devolving on the board of 
directors shall be performed by the trustees of the township 
to whom the petition shall in such cases be addressed ; and 
provided further, that nothing in this section shall be con- 
strued to affect independent districts composed wholly or 
mainly of cities or incorporated towns. Independent dis- 
tricts may in like manner change their boundaries so as to 
form any number of districts less than the number of dis- 
tricts existing at the time such change is asked for, and 
such changes shall be specified in the notices for a vote 
thereon. 

Sec. 1815. The sub-districts of any district township 
may be constituted separate and independent districts, in 
the manner hereinafter provided. 

Sec. 1816. At the written request of one-third of the 
legal voters residing in any district township, the board of 
directors shall call a meeting of the qualified electors of the 



Sec. 1814. Any district township organizing as an independent 
district under this section, will do away with sub-districts and 
sub-district elections, transact its business at one annual meeting, 
and be governed by a board of directors chosen at large in the 
district. Such district will possess the advantages of the district 
township system, relieved of its most objectionable features. It 
will, in many localities, insure be'ter schools, and give better 
satisfaction, than the plan of dividing the township into a number 
of small districts. It wdl make the district taxes uniform, and 
will also greatly diminish the number of school officers. 

The sub-districts, of a township, which have become inde- 
pendent, may also, tinder this section, unite into one independent 
district. In either case, the proceedings will be similar to those 
provided by sections 1SI6, and 1802. 

Sec. 1816. (a) The organization of independent districts can- 
not be commenced in one year and comiileted in the next; nor 
can the organization be completed after the first day of August. 



SCHOOL LAWS OF IOWA. 51 

district township, at the usual place of holding the annual 
meeting of such district township, by giving at least ten 
days' notice thereof, by posting three written notices in each 
sub-district in the township, and by publication in a news- 
paper, if one be published in the township, at which meet- 
ing the said electors shall vote by ballot for or against a 
separate organization. 

Sec. 1817. Should a majority of the votes be cast in fa- Directors to 
vor of such separate organization, the board of directors l^n eactf^sub?^ 
shall call meetings in each sub-district in the township, of '^^^^"«*- 
the qualified electors thereof, in the manner and for the pur- 
pose as provided in section eighteen hundred and two of 
this chapter ; provided, that if the number of inhabitants of 
any such sub-district does not exceed five hundred, then but 
three directors shall be chosen, who shall hold their otfi.ces 
one, two, and three years, respectively, the length of their 



When completed, all taxes voted by the electors or determined 
by the old board, for that j'ear, for whatever purpose, are void ; 
sections 1804 and 1819. See, also, attorney general's opinion 
School Journal, February, 1873. 

(6) The meeting held to determine the question of separate 
organization, is a township meeting ; if the vote is in the affirma- 
tive, each and every sub-district in the township becomes an in- 
dependent district. 

(c) Sub-district boundaries cannot he legally changed after the 
township eleciors have voted affirmatively on the question of 
separate organization. Such changes must be made between the 
third Monday in September and the first Monday in March fol- 
lowing. Sec. 1796. For manner of changing boundaries of inde- 
pendent districts, see sections 1809, 1811, and 1814. 

Sec 1817. (a) The meetings for the election of officers should 
be called as soon as practicable after the vote provided for by 
section 1816, is canvassed; ten days' notice of these meetings 
must be given by posting five written notices in each sub-district : 
See sections 1801, 18'^>2, and 1803. For the organization of the 
board, see section 1802. 

(6) The organization of a district is not technically completed 
until its officers are elected, but in the formation of independent 
districts from the sub-districts of a township, if the meetings for 
the election of oflficers have been called by the board to be held 
on or before the first day of August, of the year such organiza- 
tions are attempted, failure to elect officers in one or more of the 
independent districts does not affect the validity of the action of 
the electors in determining the question of separate organiza- 
tions. When the electors fail to elect officers at the election 



g2 SCHOOL LAWS OF IOWA. 

respective terras to be determined by lot, and but one 
director shall be chosen annually thereafter, who shall hold 
his office three years. 

_ Sec. 1818. At the meetings of the electors of each sub- Electors to de- 
district, as provided in the last section, they shall also deter- o/distrtct. "^ 
mine by ballot the name to be given to their district, and 
each district when so organized shall be a body corporate, 
and the name so chosen shall be its corporate name. The 
board of directors of any district organized under the pi-o- 
visions of this act may change its name if any other district 
in the township shall have chosen the same name. 

Sec. 1819. Districts organized under the provisions of i^XTe°adent 
the preceding four sections, shall be governed and treated districts. ^^ 
in every respect as provided by the law creating independent 
districts. 

Sec. 1820. When any district township is divided into Assetsandiia- 
independent districts under the provisions of the five pre- districts' ad- 
ceding sections, then the old board of directors of the district Jested. 

called by the board, it is the duty of the township trustees to 
call a special election for this purpose, as provided by sections 
1714, and 1806. 

Sec. 1819. Upon the organization of all new districts the fol- 
lowing officers should, to enable the new districts to obtain 
funds from the county treasury, make reports promptly as fol- 
lows: 

1. The secretary of the district-township should file with the 
county auditor and treasurer, a plat of the new districts formed. 
Note (6) Sec. 1796. 

2. The secretary of each new board should report to the 
county superintendent, auditor, and treasurer, the name and 
address of each officer of the board. Note (a) Sec. 1802. 

3. The county superintendent should file with the county 
auditor, a certificate showing the number of persons between the 
ages of five and twenty-one in each new district. Note (e) 
Sec. 1772. 

Sbc. 1820. (a) The division of assets and liabilities is made 
by the old board alone, immediately after the election of officers 
in the independent districts, and for this purpose, all school 
funds in the district treasury, and all property belonging to the 
district township, including school-houses, are subject to their 
order. They should first settle the liabilities of the district, as far 
asthe funds will permit. Until this division is made, the old board 
have atithority to perform all necessary acts relating to the affairs 
of the district township. 

{b The following plan for making the division is suggested : 
1st. Let the board determine the present cash value of all the 
property of the district township. 



SCHOOL LAWS OF IOWA. 

townshijj shall make such a division of assets and liabilities 
of such district township as is provided by section seventeen 
hundred and fifteen of this chapter. 

2d. Let this be divided among the new districts in proportion 
to the assessed value of the property, real ami personal ; if, how- 
ever, the rate of school-house tax has not been uniform in the 
several sub-districts, this fact should be taken into consideration. 

School-houses will, usually, become the j)roperty of the district 
in which they are situated ; if iheir value exceeds the amount 
jus'ly due the district, any school-house fund on hand may be 
used to equalize the difference. See sec. 1715, note (d). 

The teachers' and contingent funds should not be used for such 
equalization, but should be divided, pro rata upon the basis men- 
tioned, subject to any other equities that may exist. Any portion 
of the teachers' fund derived from the semi annual appoition- 
ment, however, should be divided in proportion to the number 
of persons between the ages of five and twenty one years, in the 
respective independent districts. 

No conveyance of school-house property, from the dislrict 
township to the independent districts, is required ; the record of 
the proceedings being sufficient. 

(c) A simple and just method of disposing of unpaid and 
delinquent taxes, also of all the funds in the hands of the county 
treasurer, and not available, (see sec. 1785) is to direct the payment 
of such funds to the districts from the territory of which they were 
derived. 

(d) Upon the organization of independent districts from the 
sub-districts of a townsnip, the district township is fully super- 
seded and goes out of existence, except so far as its life may be 
prolonged for special purposes. This section specifies all of the 
duties which devolve upon the old board of directors, after the 
division of the township into independent districts. The clivision 
of the assets and liabilities being accomplished, the duties and 
functions of the old board cease, and the life of the corporation 
becomes extinct; all its powers are transferred to each independ- 
ent district, and all rights thus acquired may be enforced by each 
in its own name. District Township of Knoxville v. Independent 
Lislrict oj Liberty, tt al., Supreme Court Decisions, Dec. term, 1872. 

From the action of the board in making the division of assets 
and liabilities, no appeal can be taken to the county superin- 
tendent. 

(e) The district township records should be carefully preserved 
for future reference, and for this purpose they should be deposited 
in the office of the county superintendent. 



54 



SCHOOL LA.WS OF IOWA. 



MAY ISSUE BONDS. 



Power given 
to borrow 
money and 
issue bonds : 
limit. 



Question to 
be submitted 
to electors. 



Tax for, voted 
by directors if 
electors fj,il. 



Sec. 1821. Independent school districts shall have the 
power and authority to borrow money for the purpose of 
erecting and completing school-houses, by issuing nego- 
tiable bonds of the independent district, to run any period 
not exceeding ten years, drawing a rate of interest not to 
exceed ten per centum per annum, which interest may be 
paid semi-annually, which said indebtedness shall be bind- 
ing and obligatory on the independent district for the use 
of which said loan shall be made; but no district shall per- 
mit a greater outstanding indebtedness than an amount 
equal to five per centum of the last assessed value of the 
property of the district. 

Sec. 1822. The directors of the independent district 
may submit to the voters of their district at the annual or a 
special meeting the question of issuing bonds as contem- 
plated by the preceding section, giving the same notice of 
such meeting as is now required by law to be given for the 
election of officers of such districts, and the amount pro- 
posed to be raised by the sale of such bonds, which ques- 
tion shall be voted ujDon by the electors, and if a majority 
of all the votes cast on that question he in favor of such 
loan, then said board shall issue bonds to the amount voted 
in denominations of not less than twenty-five dollars, nor 
exceeding one thousand dollars, due not more than ten years 
after date, and payable at the pleasure of the district at any 
time before due, which said bonds shall be given in the 
name of the independent district issuing them, and shall be 
signed by the pi-esident of the board, and delivered to the 
treasurer, taking his I'eceipt therefor, who shall negotiate 
said bonds at not less than their par value, and countersign 
the same when negotiated. The treasurer shall stand 
charged upon his official bond with all bonds that may be 
delivered to him; but any bond or bonds not negotiated 
may be returned by him to the board. 

Sec. 1823. If the electors of an independent school dis- 
trict which has issued bonds shall, at the annual meeting in 
March for any year, fail to vote sufficient school-house tax 
to raise a sum equal to the interest on the outstanding bonds 
which will accrue during the then coming year, and such 
proportionate portion of the principal as will liquidate and 
pay oft" said bonds at maturity, then it shall be lawful for 
the board of such district to vote a sufficient rate on the 
taxable property of the district to pay such interest, and 



A certified copy of the proceedings of the old board, relating to 
the division of assets and liabilities, should be filled with the 
county treasurer, the county auditor, the county superintendent, 
and with the secretary of each newly formed independent district. 



SCHOOL LAWS OF IOWA. 55 

such proportionate portion of the principal as will pay said 
bonds in full by the time of their maturity, and shall cause 
the same to be certified and collected the same as other 
school taxes. 

Sec. 1824. All school orders shall draw lawful interest orders to bear 
after having been presented to the treasurer of the district, j^awtuiinter- 
and not paid for want of funds, which fact shall be endorsed 
upon tlie order by the treasurer. 

OF SCHOOL-HOUSE SITES. 

Sec. 1825. It shall be lawful for any district township Districts may 
or independent district to take and hold under the provis- t^-'^e '•eai 

^ ..... , , , ^ estate tor. 

ions contained in tins chapter, so much real estate as may 
be necessary for the location and construction of a school- 
house and convenient use of the school; ^^rof it/ec/, that 
the real estate so taken, otherwise than by the consent of 
the owner or owners, shall not exceed one acre. 

Sec. 1826. The site so taken must be on some public site of. 
highway, at least forty rods from any residence, the owner 
whereof objects to its being placed nearer, and not in any 
orchard, garden, or public j)ark. But this section shall not 
aj)ply to any incorporated town. 

Sec. 1827. If ttie^owner of any such real estate refuse May Con- 
or neglect to grant the site on his premises, or if such owner demu. 
cannot be found, the county .superintendent of the county 
in which said real estate may be situated, shall, upon ap- County super- 
plication of either party, appoint three disinterested per- awoint^ap-'* 
sons of said county, unless a smaller number is agreed upon praisers. 

Sec. 1824. The board may authorize the payment of interest 
not exceeding ten per cent. If no rate id specihed in the order, 
it will draw six pt-r cent. Interest can be paid on an order only 
from the date of its presentation, whether the rate is specified in 
the order or not. 

Sec. 1826. {a) AH sites, except in incorporated towns, must 
be located on a public road, and at least forty rods from any resi- 
dence, the owner wliereof objects to its being j)lact'd nearer, 
whether obtained by purchase or under the provisions of section 
1827. 

(6) Property encumbered, occupied as a homestead, or belong- 
ing to minor heirs, or the public domain, may be taken under 
tlie provisions of this section. 

Sec. 1727. [a) If personal service can not be made, as pro- 
vided bjf sections 2601-2610, Code, tlie notice must be pub- — 
lislied four consecutive weeks, previous to the appraisement, in 
a newspaper, sections 2618-2620, Co le. 

(5) The appraisers are entitled to two dollars for each day's 
service, and ten cents per mile from their residence to the loca- 
tion of the property appraised. Sections 3811-3813, Code. 



56 



SCHOOL LAWS OF IOWA. 



Oath of. 



To assess 
alan^ages. 

Notice to 
owner. 



Deposit of 
fcum assessed. 



Appeal. 



Costs. 



For school 
purposes 
only: when 
title reverts. 



Timber on. 



by the parties, who shall, after taking an oath to faithfully 
and impartially discharge the duties imposed on them by 
this chapter, inspect said real estate and assess the damages 
which said owner will sustain by appropriation of his land 
for the use of said house and school, said county superin- 
tendent giving to the owner of such real estate the same 
notice as is required for the commencement of a suit at law 
in the district court, of the time of such assessment of dam- 
age, and make a report in writing to the county superintend- 
ent of said county, giving the amount of damages, descrip- 
tion of land, and exact location, who shall file and preserve 
the same in his office. If said board shall, at any time 
before they enter upon said land, for the purpose of build- 
ing said house, deposit with the county treasurer for the use 
of said owner, the sum so assessed as aforesaid, they shall 
be thereby authorized to build said house, and maintain the 
right to said premises; 2:>rovided^ that either party may 
have the right to appeal from such assessment of damages 
to the circuit court of the county where such real estate is 
situated within twenty days after receiving notice that such 
assessment is made, M'hich appeal shall be final; but such 
appeal shall not delay the prosecution of work upon said 
house, if said board shall pay, or deposit with the county 
treasurer, the amount so assessed by such appraisers, and in 
no case shall said board be liable for costs on appeal, unless 
the owner of said real estate shall be adjudged a greater 
amount of damages than was awarded by said appraisers. 
The board shall in all cases pay costs of the first assess- 
ment. 

Sec. 1828. The title acquired by said school districts in 
and to said real property, shall be for school purposes only, 
and, in case the same should cease to be used for said pur- 
pose for the space of two years, then the title shall revert 
to the owner of the fee, upon the repayment by him of the 
principal amount paid for said land by said districts without 
interest, together with the value of any improvements 
thereon erected by said districts; provided^ that during the 
time said site is used for school purposes, the owners of the 
fee shall not injure or remove the timber standing and 
srrowins: thereon. 



(c) The county superintendent should, upon receipt of the 
report of appraisement, send certified cojiies of the same to the 
board of directors and lo the owner of the land. 

Sec. 1828. No deed or other instrument from the owrier is re- 
quired to authorize the district to occupy the land for school pur- 
poses. The proceedings should be recorded in full by the district 
secretary. 



SCHOOL LAWS OF IOWA. 57 



OF APPEALS. 

Sbction 1829. Any person aggrieved by any decision or To county su- 
order of the district board of directors, in matter of law or p®^^^*®^ ®"*- 
of fact, may, within thirty days after the rendition of such 
decision, or the making of such order, appeal therefrom to 
the county superintendent of the proper county. 

Sec. 1830. The basis of the proceeding shall be an affi- Basis of. 
davit, filed by the party aggrieved with the county superin- 
tendent, within the time for taking the appeal. 

Sec. 1831. The affidavit shall set forth the errors com- Errors stated. 
plained of in a plain and concise manner. 

Sec. 1832. The county superintendent shall, within five 



Sec. 1829. (a) The right to appeal is limited to persons " ag- 
grieved " or injuriously affected by the decision or order com- 
plained of. 

(6) After the expiration of thirty days the county superintend- 
ent cannot entertain an appeal. 

(c) All the decisions or orders of the board of directors are 
subject to revision on appeal; when the act complained of is of a 
discretionary character, the action of the board should be sustained, 
unless it is clearly shown that the board violated law, abused its 
discretion, or acted with manifest injustice. {Edwards v. The 
District TovmsMp of West Point. School Law Decisions, 1872, 
page 69). 

Sec. 1830. An affidavit is a written declaration under oath, 
made without notice to the adverse party. Sec. 3689, Code. It 
must be sworn to before some officer authorized to administer 
oaths. A county superintendent can have no jurisdiction of an 
appeal case until such affidavit has been filed. A notice of inten- 
tion to file an affidavit, a verbal complaint, or a petition, is not 
sufficient to give the county superintendent jurisdiction in appeal 



Sbc. 1831. (a) The affidavit should contain, first, a statement 
of the decision complained of, and its date ; second, a statement 
of the facts showing that the appellant has an interest in the 
decision and is injuriously affected by it ; third, the assignment of 
errors. 

This affidavit being the first paper filed, care should be taken 
that the case therein be properly entitled ; this title should be 
preserved throughout the further progress of the appeal. 

(&) The date of filing should be indorsed upon the affidavit by 
he superintendent. 

Sec. 1832. (a) The notice should describe the decision or 



53 SCHOOL LAWS OF IOWA. 

Superintend- days after the filing of such affidavit in his office, notify the 
secretary o/ secretary of the proper district, in writing, of the taking of 
district: duty g^ch appeal. And the latter shall, within ten days after 
being thus notified, file in the office of the county superin- 
tendent a complete transcript of the record and proceedings 
i-elating to the decision complained of, which transcript 
shall be certified to be correct by the secretary. 
Parties noti- Sec. 1833. After the filing of the transcript aforesaid in 
fi^'^- his office, he shall notify in writing all persons adversely 

interested of the time and place where the matter of the 
appeal will be heard by him. 
Hearing take ISec. 1834. At the time thus fixed for hearing, he shall 
administer i^QSiT testimony for either party, and for that purpose may 

oatiis. 

order appealed froDi, so that it may be identified, and should 
require the district secretary to file the transcript with tlie super- 
intendent within the time specified. The notice may be served 
personally, or sent by mail. 

(6) The secretary shall make and forward a transcript or copy 
of the record of all actions of the board relating to the decision or 
order appealed from, also of all petitions, remonstrances, plats, 
and papers pertaining thereto. The original papers must be pre- 
served with the district records. 

Sec. 1833. Notice of the time and place of hearing should be 
given to the appellant, to the secretary of the board, and all 
other persons known to be interested. Tiie notices may be served 
personally or sent by mail. 

Sec. 1834. (a) County superintendents, in entertaining and 
determining cases appealed from boards of school directors, are 
not invested with judicial powers. The District Ihwnship of Sioux 
City V. Fratt, XVII Iowa, 16. While, according to this decision, 
the superintendent is not a court in the strict sense of the term, 
he is required to administer oaths, to hear evidence on both 
sides, and to render a just and equitable decision. And while 
mere technicalities should not be permitted to prevent the attain- 
ment of justice, it is not inappropriate that tlie superintendent 
should be governed by the same rules, as to evidence and prac- 
tice which ordinarily obtain in courts. 

(&) The docket or minutes of the superintendent should com- 
mence by noting the filing of the appellant's afiidavit. He will 
afterwards, as the acts transpire, note the sendiug of the notice 
of appeal to the district secretary, the filing of the transcript, the 
sending of notices of the hearing, and any adjournment of the 
case that may be granted. At the trial he will carefully note 
down the names of all parties appearing and their post-office 
address, and whether they appear for or against the appeal ; also 



SCHOOL LAWS OF IOWA. 59 

administer oaths if necessary, and he shall make such decis- 
ion as may be just and equitable, which shall be final, unless 
appealed from as hereinafter provided. 

Sec. 1835. An appeal may be taken from the decision Appeaito su- 

of the county superintendent, to the superintendent of pub- perintendent 
T • i ^- • xi -J J • ..1 • 7 of public m- 

lic mstruction m the same manner as provided m this chap- struction, 

ter for taking appeals from the district board to the county ^^^^^^ °^- 

superintendent, as nearly as applicable, except that he shall 



the filing of all papers and names of witnesses, and in whose 
behalf such papers or witnesses are introduced. The decision of 
the superintendent will form an appropriate close of his min- 
utes, 
(c) All testimony must be given under oath, and the substance 

reduced to writing at the time, by the county superintendent. It 
is of the first importance that the record of the testimony be full 
and accurate, as the decision of the county superintendent, also 
of the superintendent of public instruction, in case the appeal is 
carried up, must be based upon the record of evidence intro- 
duced. This testimony should be preserved with the other papers 
of the case. 

Sec. 1835. (a) Appeals to the superintendent of public in- 
struction are conducted in the same manner, and governed by the 
same rules, so far as applicable, as appeals to county superintend- 
ents. The basis of the appeal must be an afiidavit filed in the 
office of the superintendent of public instruction, within thirty 
days from the date of the decision appealed from. For form and 
contents of the affidavit, see notes to section 1830-1. 

Upon the filing of such an affidavit the superintendent of pub- 
lic instruction will notify the county superintendent to forward 
a transcript of the papers in the case within thirty days. The 
original papers must be preserved upon file in the county super- 
intendent's office. Upon the filing of the transcript, thirty days' 
notice of the time set for hearing will be given to all parties 
interested. 

(6) At the hearing, parties interested may appear personally 
or by attorney, and argue their cases orally, if they desire ; or 
they may send written arguments. The records of the case in 
the county superintendent's office will furnish the data required 
for these arguments. The records of cases in the offices of 
county superintendents, which are public records, and should be 
open as such to examination by all parties interested, will furnish 
all needed data where access to the transcript sent up is incon- 
venient. Tne superintendent of public instruction will not hear 
original testimony in the cases submitted to him. 



60 



SCHOOL LAWS OF IOWA. 



No money 
judgment 
rendered: 
postage. 



give thirty days' notice of the appeal to the county super- 
intendent, and the like notice shall be given the adverse 
party. And the decision when made shall be final. 

Sec. 1836. Nothing in this chapter shall be so construed 
as to authorize either the county or state superintendent to 
render a judgment for money, neither shall they be allowed 
any other compensation than is now allowed by law. All 
necessary postage must first be paid by the party aggrieved. 



CHAPTER LXIV. 

Laws of the Fijteenth General Assembly. 

INDUSTEIAL EXPOSITIONS IN SCHOOLS. 



School-direct- 
ors may es - 
tHblish under 
direction of 
county su- 
perintendent. 



To consist of 
articles made, 
invented, or 
grown by 
pupils. 



Pupils to ex- 
plain. 



AN ACT to Establish and Maintain Industrial Expositions in 
Public Schools of the State. 

Section 1. Ue it Enacted by the General Assembly 
of the State of loioa, That it shall be the duty of the 
board of directors of independent school districts, and the 
sub-director of each sub-district, if they should deem it expe- 
dient, under the direction of the county superintendent, to 
introduce and maintain an industrial exposition in connec- 
tion with each school under their control within this state. 

Sec. 2. That these expositions shall consist of useful 
articles made by the pupils, such as samples of sewing, 
and cooking of all kinds, knitting, crocheting, and drawing, 
iron and wood-work of all kinds, from a plain box or horse- ( 
shoe to a house or steam-engine in miniature ; also, all 
other useful articles known to the industrial world, or that I 
may be invented by the pupils, in connection with farm / 
or garden products in their season, that are the results of ( 
their own toil. 1 

Sec. 3. That the pupils be required to explain the use ) 
and method of their work, and kind and process of culture y 
of farm and garden products. 



(c) Any person aggrieved by an action of the county superin- 
tendent in refusing to grant a certificate or in revoking the same, 
may apply to him for a re-hearing ; the proceedings to correspond 
as nearly as possible to the proceedings in the case of an appeal 
from a board of directors. If any party is aggrieved by the 
result of this investigation, an appeal may be taken therefrom to 
the superintendent of public instruction. See opinion of Attor- 
ney-General, School Journal for June, 1867, also, Dougherty v. Tracy^ 
— School Law Decisions, 1872, 56. 



SCHOOL LAWS OF IOWA. Ql 

Sec. 4. That the parents and friends of pupils be allowed Presence of 
and requested to be present at said expositions. Friends! ^^'^ 

Sec. 5. That ornamental work shall be encouraged when ornamental 
accompanied by something useful made by the same pupil, work. 

Sec. 6. That these expositions be held in the school- To be held in 
room upon a school day as often as once a term, and not how often."^' 
oftener than once a month. 

Approved March 21st, 1874. 



CHAPTER LXVII. 

Laws of the Fifteenth General Assembly, 

VOTING OF SCHOOL TAXES. 

AN ACT Allowing School Districts lying in two adjoining Coun- 
ties the right to vote Mills, instead of specific Sums, for School 
Purposes. 

Section 1. £e it Enacted by the General Assembly o/" Districts in 
the State of Iowa, That all school districts lying in two two counties 
adjoining counties shall have the right to vote mills, instead miiisfor^ 
of specific sums, for school purposes. purposes 

Approved March 21st, 18Y4. 



BLAl^K FOEMS. 



NUMBER 1. 

Form for Proceedings of District Totvnsliip Meeting. 
[See section 1717.] 

March 187... 

The electors of the district township of in the county of. 

and state of Iowa, assembled at pursuant to previous notice. The 

meeting was called to order by the presideiit at o'clock m. The sec- 
retary being absent, was appointed secretary. 

The order of business was stated by the president. 

On motion of Mr , a tax of. dollars was 

voted for school-house purposes. 

Mr moved that a tax of eight hundred dollars be 

voted for the purpose of erecting a school-house in sub-district No 

Mr moved to amend by striking out " eight hundred 

dollars" and inserting " one thousand dollars," which motion was agreed to 
and the motion as amended was decided in the affirmative. 

Mr moved that the various powers conferred by 

law on the district meeting, which maybe delegated to the board of directors, be 
and the same are hereby so delegated. After discussion the vote was taken 
and the motion was adopted. 

On motion of Mr , the meeting adjourned. 



Chairman. 

Secretary. 



Note. — It is essential that the secretary make a full and accurate record of 
the proceedings of the district township meeting, which should be submitted 
to the president for his approval at the close of the meeting, and afterwards 
recorded in the district records, or otherwise preserved. 

These records, together with all certificates of the action of any sub district 
in relation to voting school-house taxes, must be submitted by the secretary, 
who is the proper custodian of the records, to the board of directors, at the 
meeting held on the following Monday, to form the basis of their action in 
apportioning and certifying school-house taxes to the board of supervisors. 



64 BLANK FORMS. 

NUMBER 2. 

Form of Notice of Annual Meeting in Sub -Districts. 
[See section 1718.] 

Notice is hereby given, that a meeting of the qualified electors of sub- 
district, No , of the district township of , in the county of 

and state of Iowa, will be held at on the first Monday in March, 

187 at o'clock, for the election of one sub-director, and the trans- 
action of such other business as may legally come before it. 

Dated 187... 



Suh-Dirtctor of sub-district No. 



Note (a) In case there is no sub-director, the above notice must be given 
by the secretary of the district township. It must be posted five days previous 
to the meeting, in at least three public places in the sub-district. The notice 
should designate the hour of meeting, which cannot be earlier than 9 o'clock, 
A. M. Sec. 1789. 

(6) When an organized district township is left without officers, or without 
a quorum, the above notice for a special election, should be posted by the 
township trustees, in at least three public places in each sub-district, 
changing the lime of holding the election to suit the circumstances of the 
case. Sec. 1714. 



NUMBER 3. 

Form of Proceedings of Annual Sub-JDistrict Meeting. 
[See sections;i718, 1719, 1720.] 

March 187... 

The electors of sub-district No , of the district township of , 

in the county of , and state of Iowa, met pursuant to previous 

notice. 

was appointed chairman, and 

sei^retary of the meeting. 

On motion of Mr , the meeting proceeded to an 

informal ballot for sub-director. 

The chairman announced the result to be as follows : 

votes were cast for , and votes for 

, and votes for 



BLANK FORMS. 



65 



On motion of Mr ,the meeting proceeded to the 

election by ballot of one sub-director. 

The chairman announced the result of the ballot to be as follows : 

20 votes were cast for A. B.; 15 votes for C. D.; and 10 votes for E. F.; upon 
which A B. was declared duly elected sub-director for the ensuing year. 

Mr moved that a tax of. dollars be voted 

for the erection of a school-house in this sub-district. 

The motion was lost. 

On motion of Mr , the meeting adjourned. 



Chairman. 
Secretary. 



Note. — The amount voted by the sub-district must be certified to the next 
regular district township meeting. 



NUMBER 4. 

Form of Certificate of Election of Sub-Director. 

[See section 1719.] 

We hereby certify that, at the annual meeting of sub-district No 

of the district township of. , in the county of. , and state of 

Iowa, held on the first Monday in March, 187..., was 

duly electea sub-director for said sub-district. 

Chairman. 

Secretary. 

Note.— This certificate slightly varied, will answer in case of the election 
of a sub-director at a special meeting called by the township trustees. In 
both cases, it should be presented by the sub-director elect, to the board of 
directors of the district township, and filed with the president of said district. 



QQ BLANK FORMS. 

NUMBER 5. 

Form of Certificate of Tax voted by Sub-District Meeting. 
[See section 1778.1 



To. 



Secretary of the board of directors of the district township 

of. 

I hereby certify that the electors of sub-district No , of tlie district 

township of. , in the county of , and state of 

low^a, at the annual meeting, held on the first Monday in March, 187..., voted 

a tax of dollars for the erection of a school-house in said 

sub-district. 



Sub-Director. 

Note. — This certificate may be made either by the sub-director or by the 
chairman and secretary of the sub-district meeting. 



NUMBER 6. 

Proposals for the Erection {or Repair) of a School-House. 

[See section 1723.] 

Notice is hereby given that proposals for the erection [or repair'] of a 

school-house in sub-district No , in the district township of 

, in the county of. , will 

be received by the undersigned, at his office in 

(where plans and specifications may be seen,) until 1 o'clock, p. m., 

187..., at which time the contract will be awarded to the lowest responsible 
bidder. 

Secretary of the Board of Directors. 



BLANK FORMS. g7 

NUMBER 7. 
Form of Contract for Building a School-House. 

[See section 1723.] 

Contract made and entered into between , of the 

county of. , and state of Iowa, and in behalf of the 

district township of. in the county of. and state of Iowa, 

and his successors in office. 

In consideration of the sum of. dollars, to be paid as hereinafter 

specified, the said , hereby agrees to build a 

school-house, and to furnish the material therefor, according to the plans and 
specifications for the erection of said house hereto appended, at 



in said district township. The said house is to be built of the best material, 
in a substantial, workmanlike manner, and is to be completed and delivered 

to the said , or his successors in office, free from any 

lien for work done or material furnished, on or before the day of 

,187.. ; and in case the said house is not finished by the time herein 

specified, the said shall forfeit and pay to the said 

, or his successors in office, for the use of said district township, 

the sum of. dollars, and shall also be liable for all damages that 

may result to said district township in consequence of such failure. 

The said , or his successors in office, in behalf of said 

district township, hereby agrees to pay the said , the sum 

of dollars when the foundation of said house is finished ; and the 

further sum of. dollars when the walls are up and ready for the 

roof; and the remaining sum of. dollars when the said house 

is finished and delivered as herein stipulated. 

It is further agreed that this contract shall not be sub-let, transferred, or 
assigned without the consent of both parties. 

Witness our hands this day of. , 187.. 



Contractor. 



President. 
This is to certify that the foregoing contract was approved by the board of 

directors of the district township of. , in the county of , of 

the state of Iowa, this day of. , 187.. 



President. 



Secretary. 
Note. — The law requires the board to make all contracts necessary to carry 



gg BLANK FORMS. 

out any vote of the district, and the president of the district to sign all con- 
tracts made by the board. Sec. 1739. 

Contracts must, in all cases, be made according fo the instructions and 
directions of the board, and after being made they should be approved by the 
board before any work is done. 

In building a school-house, it is important to secure plans of the 
building, with full specifications as to its dimensions, style of architecture, 
number and size of windows and doors, quality of materials to be used, what 
kind of roof, number of coats of paint, of what material the foundation shall 
be constructed, its depth below and its height above the surface of the ground, 
the number and style of chimneys and flues, the provisions for ventilation, 
the number of coats of plastering and style of finish, and all other items in 
detail that may be deemed necessary. The plans and specifications should be 
attached to the contract, and the whole filed with the secretary of the district 
township. 



NUMBER 8. 
Form of Bond for Performance of Contract. 

[See section 1723.] 

Knotu all Men by these Presents: That we, as principal 

, and as sureties of 

the county of. and state of Iowa, are held and firmly bound 

unto the district township of , in the county of. 

and state of Iowa, in the penal sum of dollars, for the payment 

of which, well and truly to be made, we bind ourselves, our heirs, adminis- 
trators and assigns, jointly, severally and firmly, by these presents. 

The condition of the above obligation is such that, whereas the said 

has this day entered into a written contract with 

as president of the board of directors of the district township of 

in the county of , and state of Iowa, and his successors in 

office, for the erection and completion of a school-house in said sub-district, 

by the day of , 187..., according to the plans and 

specifications for the construction of said house appended to said contract. 

Now, therefore, if the said shall faithfully and fully 

comply with all the stipulations of said contract, then this obligation shall be 
void ; otherwise remain in full force and virtue in law. 

I In testimony whereof we have hereunto subscribed our names this 

day of , 187... 

Principal. 



Sureties. 



BLANK FORMS. gg 

NUMBER 9. 

Form for Certificate of Appointment of School Officers. 
[See section 1730.] 

., 187... 

To : 

You are hereby notified/that at a meeting of the board of directors of the 

district township of , in the county of , and 

state of Iowa, held on the day o^ , 187..., you were duly 

appointed (here name the office,) in and for said district township, to fill the 
vacancy occasioned by the (here state the cause of the vacancy) of. 



Secretary of the Board of Directors. 



Note. — For the appointment of sub-director, insert in the above form the 
words " sub-district number of" immediately after the word " for." 



NUMBER 10. 

Form of Bond of Secretary or Treasurer. 
[See section 1731.] 

KnowallMenhy these Presents; That I, 

and of the district 

township of. , in the county of , and 

state of Iowa, are held and firmly bound unto the district township of. 

, in the said county and state, in the penal sum of..... 

dollars lawful money of the United States, to be paid to the said district 

township of. , for which payment well and truly to be made, 

I bind myself, my heirs, executors and administrators firmly by these pres- 
ents. Dated this day of. , A. D, 187... 

The condi'-ion of the above obligation is such that if the above bounden 

shall well and truly fulfill the duties of secretary 

(or treasurer) in the district township of and county 

of and state of Iowa, to the best of his ability, 

according to law, then the above obligation to be void, otherwise to remain 
in full force and action in law. 

Principal. 



Sureties. 



^Q BLANK FORMS. 



State of Iowa, ) 
County. P^- 



I, ' , do solemnly swear [or affirm] that I will sup- 
port the constitution of the United States, and the constitution of the state 
of Iowa, and that I will faithfully and impartially discharge the duties of 

secretary [or treasurer] of the district township of in the county of 

and state of Iowa, according to law and to the hest of my abilities. 



Subscribed and sworn to before me this day of A. D., 187... 

Notary Public. 



\ SEAL. >- 



State of Iowa, \ 
County. Z^^- 

I, , being duly sworn, depose and say that I 

am a resident freeholder of the state of Iowa, and am worth the sum of 

dollars beyond the sum of my debts, and have 

property liable to execution in this state equal to the sum above named. 



Subscribed and sworn to before me by the above named 

this day of A. D., 187... 

In testimony whereof witness my hand and official seal. 



, , — ' — ^ ^ Notary Public. 

\ SEAL. \ 

Note. — See Section 1731, note. 



NUMBER 11. 

Form of Certificate of Election of the Officers of the Board, to the County Superin- 
tendent, Auditor, and Treasurer. 

[See section 1736.] 

I hereby certify that, at a meeting of the board of directors of the district 

township of ,held on the day of 

187..., the following named officers were elected and have 

duly qualified according to law : 

, to the office of P. 0. Address, 

, to the office of P. 0. Address, 

Dated at , 187... 

Secretary. 



BLANK FORMS. f^i 

NUMBER 12. 
Form of Draft on the County Treasury. 
[See sections 1739, 1785.] 

To , County Treasurer : 

Pay to.... , treasurer of the district township 

of. in the county of..... , 

and state of Iowa, dollars school-house fund, 

dollars contingent fund and.; dollars teachers' fund, being the 

amount of taxes collected and due this district, for the quarter ending on the 

first Monday of , as shown by your notice of ., 

187... 



Fresident. 
Secretary. 

Note, — Whenever a draft is drawn on the county treasury, it is the duty of 
the secretary to charge the district treasurer with the amount named in the 
draft, keeping a separate account with each fund. Sec. 1782, 



NUMBER 13. 

Form of Order on District Ti^easury. 
[See section 1739.] 

187 



To ..., Treasurer of the district townshipof. : 

Pay to , or order, the sum of dollars 

from the [here state the fund] fund for ^here state the object for which drawn.} 

No 

• Fresident. 

Secretary. 

N(;te.— " No order shall be drawn on the district treasury, until the claim 
for which it is drawn has been audited and allowed." Sec. 1733. 

All orders drawn on the district treasury should be registered by the secre- 
tary as per form No. 16. 



72 BLANK FORMS. 

NUMBER 14. 

Form of Lease. 
[See section 1739.] 

Know all men by these presents: That of the county of 

., andstate of Iowa, for the consideration hereinafter 

mentioned, does hereby lease unto , president 

of the board of directors of the district township of , in the 

county of , a-nd state of Iowa, or his successors in office, 

for the use of said district township for scliool purposes, the following de- 
scribed premises, situate in the county and state aforesaid, to-wit: {Here 
describe the house and lot or parcel of ground,) together with all the privileges 

thereto belonging, for the term of months from the 

day of .,187... 

The said , president as aforesaid, or his successors 

in office, hereby agrees to pay the said for the use of said 

premises the monthly rate of dollars to be paid at the expiration of 

this lease. 

In testimony whereof, we have hereunto subscribed our names this day 

of , 187... 

Signed in duplicate. 



President. 

Note. — As a matter of safety, the above lease should be executed in dupli- 
cate, one to be held by the secretary of the board and the other by the lessor. 
The lease should be approved by the board of directors, as in case of a con- 
tract, and should be filed with the secretary. 



NUMBER 15. 

Form of Deed, 

[See section 1739.] 

Know all raen by these presents: That we, ..................... and ...... .............. 

, his wife, of the county of ., andstate of Iowa, 

in consideration of the sum of dollars in hand paid, do hereby 

sell and convey unto the district township of in the county 

of and state of Iowa, the following described premises 

situate in the county and state aforesaid, to-wit: {Here describe the premises.) 

And we do hereby covenant with the said district township that we are 



BLANK FORMS. 



73 



lawfully seized of said premises ; that they are free from encumbrance ; that 
we have good right and lawful authority to sell the same ; and we do hereby 
covenant to warrant and defend the title to the said premises against the 
lawful claims of all persons whomsoever. 

Signed this '. day of , 187... 



State ■ op Iowa, 
County 



.}' 



On this day of , A. D. 187..., before 

me, a notary public in and for said county, personally came 

and his wife, personally to me known to be the identical 

persons whose names are affixed to the above deed as grantors, and acknowl- 
edged the same to be their voluntary act and deed, for the purposes therein 
expressed. 



iSl 



Witness my hand and notarial seal this. 
of ,187... 



.day 



Notary Public. 

Note. — In purchasing the grounds for school-house purposes, the president 
should examine the title carefully, and be satisfied that it is not defective, 
and that the property is free from encumbrance. Let the property in all 
cases be conveyed to the district in its corporate name. The deed should be 
filed with the president. 



NUMBER 16. 
Form of Order Register of Secretary and Treasurer. 



6 


DATE. 


IN WHOSE FAVOR 
DRAWN. 


FOE WHAT PURPOSE. 


<x> 

^ 


PI 

§ s 

^ 2 


<B o 


1 


April 7, 1874.. 
April 7, 1874.. 
April 7, 1874.. 
May 10, 1874.. 
May 14, 1874.. 


John Smith 


Teaching school..... 

Rep. on S. house 

Fuel 


% 
15 00 

125 00 


% 
5 00 


$45 00 


?. 


A. J. Adams 




.S 


Joel B. Young 

Thos. Harrison 

Sarah Johnson 




4 
5 


Erection of S. house 
Teaching school 


63 74 



10 



74 BLANK FORMS. 

Note. — -The law requires both the secretary and treasurer to keep a register 
of all orders drawn on the district treasury, containing a record of each item 
enumerated in the above form. 

Whenever orders are drawn, the secretary should register them and furnish 
the treasurer with a transcript of the same to place upon his register. 

Whenever partial payment is made, the treasurer should endorse the pay- 
ment on the order, and take a receipt for the amount paid. When paid in 
full, the order should, in all cases, be endorsed by the person presenting it. 
It is then a voucher for the amount paid. 



NUMBER 17. 

Form of Notice of District Township Mketing . 

[See section 1742.] 

Notice is hereby given to the qualified electors of the district township of 

,.. , in the county of , and state of Iowa, that 

the annual meeting of said district will be held at , on 

the second Monday in March, 187..., at o'clock. .....m., for the transaction 

of such business as may legally come before it. 



Searetary. 
Bated, 187... 

Note. — The above notice must be posted in five different conspicuous places 
in the district. In independent districts, insert immediately after the word 
" for " in the concluding part of the notice, the words 'the election of officers 
and" in accordance with the provisions of sections 1807, and 1808. 



BLANK FOEMS. 



75 



NUMBEE 18. 

Form for the Treasurer's Account with the Teachers' Fund. 
[See sections 1747, 1748.] 



., Treasurer, in account with Teachers' Fund. 



Dr. 



Sept. 28, 1874 

Oct. 6, 1874 

Jan. 4, 1875 

April 5, 1875 

April 5,1875 

July 5, 1875 



To cash received of County Treasurer, semi-annual 
apportionment 

To cash received of County Treasurer, District tax 

To cash received of County Treasurer, District tax 

To cash received of County Treasurer, District tax 

To cash received of County Treasurer, semi-annual 
apportionment 

To cash received of County Treasurer, District tax 



270 00 
75 00 
50 00 

197 00 

135 00 
100 00 



., Treasurer, in account with Teachers' Fund, 



Cr. 



Oct. 

Oct. 

Nov. 

May 

May 

May 

May 



13, 1874 
13, 1874 
14, 1874 

3, 1875 
4, 1875 

4, 1875 

5, 1875 



By cash paid James Hogan, on order No. 1 . 
By cash paid Sarah Smith, on order No. 3. 
By cash paid Nicholas Hoover, on order No. 4. 
By cash paid Louisa Martin, on order No. 7. 
By cash paid Jas. M. Higgins, on order No. 10. 
By cash paid Stephen Phelps, on order No. 11. 
By cash paid Amelia Mason, on order No. 13. 



$136 00 

89 00 

135 00 

82 90 

115 00 

J 75 00 

95 00, 



Note. — A similar account is to be kept with the school-house fund and con- 
tingent fund, and a statement of the condition of either fund is to be rendered, 
at any time when required by the board. By keeping a correct account of 
the orders, as per Form No. 16, the treasurer will know the amount outstand- 
ing, and can readily determine what per cent, on each he can pay with th^ 
funds on hand. 

The above form is intended for separate pages opposite each other. 



T6 



BLANK FORMS. 



NUMBER 19. 



Report of the Secretary of the . 



DISTRICTS 


SCHOOLS, j TBACHBRS. 

1 


PUPILS. 


SCHOOL- 
HOUSES. 


APPA- 
RATUS. 


LIBRA- 
RIES. 


R WARD. 


a; 

a 

?1 


73 


01 

o 

oa 

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o 

02 
QQ 

PI 

B'B 

a CO 


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o 

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P . 

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1| 

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P P 

P-tH 

o "^ 
O 


No. persons bet. 
5 and 21 years. 


O 

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rP 

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03 

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a> 

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p 

0) 

6 
2; 


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— 







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— 


— 










Totals... 


* 


* 

















BRANCHES AND TEXT-BOOKS. 


STATISTICS OF BLIND AND DEAF AND 
DUMB. 


BRANCHES TAUGHT. 


TEXT-BOOKS USED. 


NAME. 


AGE. 


NATURE OF 
DEFECT. 


P. 0. AD- 
DRESS. 


Orthography 












Reading 












Writing 












Arithmetic 












Geograohv 












English ©ram mar 
Phvsiologv 






















History U. S 













* Average for District. 



BLANK FORMS. 



11 



NUMBER 19— Continued. 

.County, Iowa, for the Year ending September 15th, 187... 

FINANCES. 

SCHOOL-HOUSE FUND. 



Amount on hand at last report 
Amount received from district 


I>r. 


Amount paid for school-houses 
and sites 


Cr. 


tax , 


Amount paid for library and 
apparatus 




Amount received from other 






sources 


Amount paid on bonds and in- 
terest 












Amount on hand, to balance... 
Total 





Total 







CONTINGENT FUND. 



Amount on hand at last report 
Amount received from district 

tax 

Amount received from other 

sources 



Total 



Dr. 



Amount paid for rent of school- 
houses 

Amount paid for repairing 
school-houses 

Amount paid for fuel 

Amount paid secretary .. 

Amount paid treasurer 

Amount paid for other pur- 
poses 

Amount on hand, to balance... 



Total , 



Cr. 



TEACHERS FUND. 



Amount on hand at last report 

Amount received from district 
tax 

Amount received from semi- 
annual apportionment 

Amount received from other 
sources 



Total 



Dr. 



Amount paid teachers since 

last report 

Amount on hand, to balance... 



Total 



Cr. 



78 BLANK FORMS. 



NUMBER 20. 

Form of Contract between Sub-Director \^or Secretary,'] and Teacher. 
[See sections 1753, 1757, 1758.] 

This contract, between , of county^ 

Iowa, and , sub-director of sub-district No. 

of the district township of , in the county of 

and state of Iowa, witnesseth : 

That the said agrees to teach the pubUc school in said 

sub-district for the term of weeks, commencing on the 

day of , 187..., and well and faithfully to perform the duties 

of teacher in said school, according to law, and the rules legally established 
for the government thereof. 

In consideration of said services, the said ,as sub-director 

aforesaid, in behalf of said district township, agrees to pay the said 

the sum of dollars per school month, at the 

end of , and to perform all the duties required by law as 

such sub-director. 

Witness our hands this day of , A. D.,'187... 



Teacher. 



Sub-director. 
The within contract is hereby approved this day of , 187... 



President. 

Note. — With a little variation the above form will also answer for indepen- 
dent districts. The sub-director should file the contract with the president 
and secure his approval before the teacher enters upon his duties. 



BLANK FOEMS. 



79 



NUMBER 21. 



Form for List of Heads of Families and Children, to be kept by Sub-Director. 
[See section 1754.] 



PARENTS OR GUARDIANS. 


NAMES OP CHILDREN. 


SEX. 


AGE. 


John Smith 


Peter Smith 


Male 


12 years. 




Eliza Smith , 


Female 

Male 


10 years. 


James Jones 


William Jones..... 


15 years. 
13 years. 
10 years. 




Charles Peters, (ward.)... 
James Byron 


Male 


Anna Byron...... 


Male 







Note. — The above list should be recorded in a book, and carefully preserved 
with the records of the sub-district ; from this record the sub-director can 
make his annual report to the district secretary, as required by section 1755. 



80 



BLANK FORMS. 



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BLANK FORMS. 



81 



Note, — The board should supply each school room in the district with a 
bound cop3' of school register. 

In the above form E indicates the date of the pupil's entrance; /, absence 
in the forenoon ; \, absence in the afternoon ; 20, twenty minutes late fore- 
noon , lOe, ten minutes late afternoon, excused. The absence of marks indi- 
cates that the pupil was present the entire day. Absence at roll-call is indi- 
cated by a dot, which is afterwards changed to figures, or a diagonal mark, as 
the circumstances require ; *,indicates branch studied. 



NUMBER 23. 

Frn^m for Teacher's Term Report to District Secretary. 

Teacher's report to the district secretary of the school taught in sub-dis- 
trict No of the district township of , 

county, Iowa, for the term commencing 187.., and ending 

187.. 





00 




fil 


m 


hJ 


P4 


< 


Hi 
< 


s 

B4 


a 


fe 



Whole number of pupils enrolled 

Average number belonging 

Total attendance in days 

Average daily attendance 

Total number of days absent 

Number of cases of tardiness 

Number neither absent nor tardy 

Number of pupils studying orthography 

Number of pupils studying reading 

Number of pupils studying writing 

Number of pupils studying arithmetic 

Number of pupils studying geography 

Number of pupils studying grammar 

Number of pupils studying physiology 

Number of pupils studying United States history. 



Whole number of days taught 

Compensation of teacher per month , 

Average cost of tuition per month, for each pupil. 

I hereby certify that the above report is correct. 



Teacher. 
Note (a).— The number belonging on any day is equal to the number enrolled 
less the number who have been absent more than three consecutive whole 
days. To obtain the average number belonging for the term — divide the sum of 
the numbers belonging for each day by the number of days the school has 
been taught. 
11 



32 BLANK FORMS. 

(ft). — To find the average daily attendance — divide the total attendance in 
days, by the number of days the school has been taught. 

(c). — To find the average cost of tuition for each pupil per month — divide the 
amount paid the teacher per month by the average daily attendance for the 
term. 

The above form will also serve for a monthly report to the county superin- 
tendent, in case he requests it. 



NUMBER 24. 

Form of Teacher's Certificate. 
[See sections 1766, 1767.] 

TEACHER'S CLASS CERTIFICATE. 

Office op County Superintendent, 

County, 

187... 

This certifies that has passed an examination, 

as required by law, with the results hereto appended, and being satisfied that 

possesses a good moral character, aptness to teach and ability to govern, 

I hereby authorize to teach in the public schools of. 

county, for a period of months from the date of this certificate. 

Per cent. Per cent. 

Orthography Grammar 

Reading Physiologj'^ 

Writing U. S. History ....,„ 

Arithmetic Theory and practice of teach- 

Geography ing ■. 

No 

County Superintendent. 

Note. — County superintendents are supplied with blank certificates at the 
expense of the state, upon application to the department of public instruc- 
tion. 

A certificate is valid only in the county where granted. 



BLANK FORMS. 83 

NUMBER 25. 

Form of Application for Teachers* Normal Institute. 

[See section 1769, also 1584, Code.] 

Office of County Superintendent, 

, County, , 187... 

To the Superintendent of Public Instruction : 

From satisfactory evidence on file in this office, I hereby certify that not 

less than twenty teachers desire to assemble at , in 

county, Iowa, on the day of , 

187..., for the purpose of holding a Teachers' Normal lostitute, to remain in 
session for a period of weeks. 

I have appointed, subject to your approval, conductor 

and , , , assistants, and 

hereby request your concurrence in said appointments. 



County Superintendent. 



NUMBER 26. 

Form of Order on Institute Fund. 

[See section 1769.] 

Office of County Superintendent, 

$ , , County, 187... 

2b Treasurer of County : 

Pay to -. or order, dollars out of 

the institute fund, for as per bill No , 

approved this day, as required by law, and on file in my office. 

No 

County Superintendent. 

Note. — The county superintendent must pay to the county treasurer all 
moneys received for the institute fund, including the warrant for the state 
appropriation. He should not issue warrants for a greater amount than the 
funds in the hands of the county treasurer will pay ofi" and satisfy. 



84 BLANK FORMS. 

NUMBER 27. 
Form for Revocation of Teacher^s Certificate. 

[See section 1771.] 

Office of County Superintendent, 

, o county, 187... 

To the Boards of School Directors in thecounty of and state 

of Iowa: 

Whereas, On the day of , 187..., a certificate 

was issued authorizing to teach in the pubhc schools 

of this county ; and. 

Whereas, Upon due examination of which the said 

received personal notice, and was permitted to be present and make 

defense, it appeared that the said in consequence of 

(hei-e state the offense — gross immorality , foi^ example), is unworthy longer to retain 
the same. 

Now, therefore, in pursuance of the provisions of section 1771 of the school 
laws of the state of Iowa, the said certificate is hereby revoked, to take efl'ect 
from and after the date hereof. 



County Superintendent. 

Note. — A copy of the above revocation should be transmitted to the secre- 
tary of each district, and the secretary should immediately notify each sub- 
director in his district of the fact. The teacher should also be served with a 
copy. 



NUMBER 28. 

Form for Certificate to the Board of Supervisors of Tax Determined by the Board of 

Directors. 

[See section 1777.] 

To the Board of Supervisors of. Ccunty, Iowa: 

I hereby certify that a tax of dollars was this day determined 

by the board of directors of the district township of ,in the 



BLANK FORMS. 35 

county of. and state of Iowa, for the teachers' fund, and 

dollars for the contingent fund, as provided in section 1777 of 

the Code. 

Secretary. 

Dated at 

,187... 



NUMBER 29. 

Form of Certificate to the Board of Supervisors of Tax Voted hy the District Township. 

[See sections 1777, and 1778.] 

,187... 

To the Board of Supervisors of. County, Iowa : 

I hereby certify that at a meeting of the electors of che district township of 

, in the county of. and state of Iowa, 

held on the second Monday in March, 187..., a tax of dollars was 

voted for -school-house purposes: and that this tax has been apportioned by 
the board of directors among the sub-districts as follows : 

Upon sub-district No. 1, , dollars. 

Upon sub-district No. 2, dollars. 

Upon sub-district No. 3, dollars. 

Upon sub-district No. 4, dollars. 

Upon sub-district No. 5, dollars. 

Secretary. 

Note. — All school-house taxes voted by the district township electors, 
must be apportioned among the sub -districts. Section 1778. 



NUMBER 30. 

Form of Certificate of Tax Voted hy a Sub-District, and not Granted by the District 

Township Electors. 

[See section 1778.] 

I hereby certify that the electors of sub-district No , in the district 

township of , at the last annual meeting, voted to raise 



86 BLANK FOEMS. 

the sum of dollars, for school-house purposes, more than was 

granted by the electors of said district township. 

Dated at • 

, 187... 

Secretary. 

Note. — The sub-district electors may vote a tax for school-house purposes 
and certify the same to the district township meeting. (See form No. 5.) 
"Whatever portion of this sum the township electors neglect or refuse to grant, 
must be certified to the board of supervisors to be levied directly upon the 
sub-district making the request. Sec. 1778. 



NUMBER 31. 

Form for Notice from the County Auditor of Amount of Semi--Annual Appor- 
tionment. 

[See section 1782.] 

Office of County Auditor, 

...., County, 187... 

To 

President of the District Township of 

Sir: — 'You are hereby notified that according to the semi-annual appor- 
tionment made this day, as provided by section 1781, Code, the sum of 

dollars is due the district township of ..,in the county 

of ,.. and state of Iowa, for which I hand you here- 
with my warrant on the county treasurer. 



County Auditor. 

Note. — This warrant must be signed by the president and countersigned 
by the secretary of the board, to authorize payment of the amount named 
therein upon presentation by the district treasurer. 



NUMBER 32. 

Form of Certificate of Flection of County Superintendent. 

fSej section 1783.] 

Office of County Auditor, 

, County 187... 

I hereby certify that, was.elected to the office of 



BLANK FORMS. 87 

county superintendent, for the term commencing January 187... 

His post-office address is Iowa. 



Auditor. 

Note. — This certificate should be forwarded to the superintendent of public 
instruction immediately after the result of the election is officially deter- 
mined. 



NUMBER 33. 

Form of Certificate of Qualification of County Superintendent. 

[See section 1783.] 

Office of County Auditor, 
County, 187... 

I hereby certify that, has duly qualified for the 

office of county superintendent, as required by sections 675 and 678, Code, for 
the term commencing January 187... 

His post-office address is , Iowa. 



County Auditor. 

Note.— This certificate should be forwarded to the superintendent of public 
instruction as soon as the qualification and bond is filed in the office of the 
county auditor. 



NUMBER 34. 

Form of Notice from County Treasurer of School Tax Collected. 

[See section 1785.] 

Office op County Treasurer, 

, county, , 187... 

To , President of the Board of Directors of the District 

ToumsMp of. : 

You are hereby notified that the amount now collected and due the district 

township of. in county, Iowa, is : 

$ school-house fund. 

$ contingent fund. 

$.. teachers' fund. 



County Treasurer. 



88 BLANK FOEMS. 

Note. — It is the duty of the county treasurer to notify the president of the 
hoard of each district, quarterly, of the amount collected for each school fund 
and pay it to the district treasurers on the warrant of the president, counter- 
signed by the secretary. 

On the first Monday in April of each year the county treasurer also renders 
a statement of the amount of taxes uncollected in each district township. 
Section 1784. 

The treasurer is required to pay over the amount of each fund collected, 
monthly, to independent districts, on the order of the board. 



NUMBER 35. 

Form of Notice Permitting the Attendance of Pupils from adjoining Districts. 
[See section 1793.] 

To , Secretary of the Board of Directors of the District 

Township of. „ : 

Notice is hereby given that , , 

and , pupils residing in the district township of 

, have been granted permission to attend school in 

sub-district No , in the district township of , com- 
mencing on the day of , 187.... 

Dated at , 

, 187 

Secretary. 



NUMBER 36. 

Form of Application for Appointment of Appraisers of School-House Site. 

[See section 1827.] 

To , Superintendent of. county, Iowa: 

In accordance with the action of the board of directors of the district town- 
ship of , you are hereby requested to appoint 

three disinterested persons to inspect, and assess the damages which the 
owner will sustain by appropriating for school purposes, the following 
described real estate, viz : 



BLANK FORMS. gg 



Dated at 

,187. 



President, 

> 

Secretary. 



NUMBEE 37. 

Form for Appointment of Ajjpraisers of [Site for School-House. 

[See section 1827.] 

To , and : 

You are hereby appointed and constituted a board of appraisers, under 
the provisions of section 1827 of the Code of Iowa, to assess the damages 
which the owner will sustain by the appropriation for school purposes, of 
the following described real estate, viz. : 



in sub-district No , of the district township of , in the 

county of , and state of Iowa, containing acre of 

land. 

You will, therefore, on the '. day of , 187..., 

at o'clock M., proceed to examine the real estate above 

described, and assess, under oath, the cash damages which the owner will 
sustain by the appropriation of said land for school purposes, and immedi- 
ately thereafter report to me in writing, the amount of said damages. 

Dated at , , 

,187... County Superintendent. 

Oath of Appraisers. 

We, , and , 

do solemnly swear that we will well and truly, and to the best of our ability, 
perform all of the duties imposed upon us by the foregoing commission. 



Subscribed and sworn to before me by , 

and , this day of , 187.... 



12 



90 BLANK FORMS. 

Note. — Sufficient time must be allowed between the appointment of this 
commission and the time set for appraising the damages, to give the owner 
legal notice thereof. See note (a), section 1827. 



NUMBER 38. 

Form of Notice to Owner of Real Estate of Appointment of Appraisers. 
[See section 1827.] 

To : 

You are hereby notified that I have this day appointed appraisers to assess 
the damages which the owner will sustain by the appropriation, for school 
purposes, of the following described real estate, viz 



Said appraisers will meet at the above described real estate, on the day 

of , 167 , at o'clock ... m., and assess said damages as 

provided by section 1827, of the Code of Iowa. 

Dated at , 

, 187... 



County Superintendent. 



NUMBER 39. 

Form of Report of Appraisement of Property for School Purposes. 

[See section 1827.] 

To ..., Superintendent of County, Iowa : 

We, the undersigned, having been appointed to appraise the damages 
which the owner will sustain by the appropriation, for school purposes, of the 
fO'llowing described real estate, viz 



do hereby report, that we have on this day of , 187..., 

carefully examined said described real estate, and have appraised the damages 
at dollars. 

Dated at , 

, 187... 



V Appraisers. 



BLANK FORMS. 9^ 



NUMBER 40. 

Form of Notice of Assessment of Damages. 

[See section 1827.] 

You are hereby notified that appraisers were appointed to assess the dam- 
ages which the owner would sustain by the appropriation for school pur- 
poses, of the following described real estate, viz: 



and that said appraisers met at said premises on the day of. , 

187.., and assessed said damages at dollars, as shown by 

their report on file in my office. 

Dated at , 

,187.. 



County Superintendent,, 



NUMBER 41. 

Form of Affidavit of Appeal. 
[See section 1830.] 



STATE OF IOWA, \ 
County./''^' 



V. 

District Township of. 



I> •• • being duly sworn, on oath say: that on 

the day of , A. D., 187... the board of directors of 

said district township rendered a decision [or made an order'] whereby [here 
state facts showing affiant's interest in the decision, and the injury to that interest] ; 
that said board in rendering the decision [or making the order] aforesaid, com- 
mitted errors as follows : [Here state the errors charged.] 



Subscribed and sworn to, by before me, this. 

day of. , A. D., 187.. 



92 BLANK FOEMS. 



NUMBEK 42. 

Form of Notice of Appeal. 

[See section 1832.] 



STATE OF IOWA, \ 
County. / 



ss. 



V. 

District Township op 



To , 

Secretary of the Board of Directors of the District Toimship of. , 

You are hereby notified that has filed in my office 

an affidavit alleging that said board of directors, on the ......day of 

A. D., 187.., made a decision [or orderl whereby [here describe the decision or or- 
der so that the secretary may identify it,'] and claiming an appeal therefrom. 
You are therefore required within ten days after receiving this notice, to file 

in my office at , in said county, a complete transcript of 

the record of the proceedings of the board relating to said order, together 
with copies of all papers filed with you, pertaining to feaid action appealed 
from. 

Dated at , 

187.. 



County Sxqoerintendent. 



NUMBER 43. 

Form of Certificate to District Secretary's Transcript. 

[See section 1832.] 

I , secretary of the board of directors of the 

district township of. , in the county of. , 

Iowa, hereby certify that the foregoing is a correct and complete transcript 
of the record of all proceedings of the board and of all papers filed relating 

to the case ^ • 

Dated at , 

, 187... 

J 

Secretary. 



BLANK FORMS. 93 

Note. — The secretary's transcript will contain, 

1st. A. copy of all that portion of the records of the proceedings of the 
meeting, relating to the action appealed from, with the date of the meeting. 

2d. A copy of each petition, remonstrance, plat, or other paper relating to 
said action, submitted to the board ; to which will be annexed the above 
certificate. 



NUMBER 44. 

Form of Notice of Hearing of Appeal. 

[See section 1833.] 



State of Iowa, "I „„ 



.County. 



;•; [ 

District Township op ) 

To : 

You are hereby notified that there is on file in this ofiice a transcript of 

the proceedings of the board of directors of the district township of. 

, at a meeting held on the day of. , 

187..., in relation to {^here describe the decision or order appealed from,'] from which 
appeal has been taken ; and that the said appeal will be heard before me at 

, in said county, on the day of 

, 187..., at o'clock m. 

Dated at , 

, 187... 



County Superintendent. 

Note. — The appellant, the president and secretary of the board, and other 
parties known to be interested, should receive a copy of this notice. 



94 BLANK FORMS. 



NUMBER 45. 

Form of Certificate to the County Superintendent's Transcript. 
[See sections 1832, 1835.] 

I, , Superintendent of 

county, Iowa, hereby certify that the foregoing is a correct and complete tran- 
script of the records of all proceedings had, evidence given, and papers filed 

at my of&ce, and my rulings thereon ; also of my decision in the case 

V. 

Dated at , 

, 187... 



County Superintendent,. 

Note. — The date of filing every paper, should be endorsed thereon ; also in 
the case of motions, all orders and rulings of the county superintendent. All 
oral motions and evidence should be reduced to writing. 

The transcrij)t of the county superintendent will consist of a literal copy of 
every paper filed and all endorsements thereon, together with a copy of all 
evidence given ; the whole arranged in chronological order, and closing with 
the decision of the county superintendent in full, with the above certificate 
annexed. 



INDEX. 



Sec. Page. 
APPEALS— 

Who may take, and when taken 1829 57 

Affidavit, basis of, 1830 57 

Affidavit shall set forth errors 1831 57 

County superintendent to notify secretary 1831 57 

Secretary to send up transcript 1832 57 

Interested parties to be notified 1833 58 

Testimony heard and decision rendered 1834 58 

To the superintendent of public instruction 1835 59 

Judgment for money not to be rendered 1836 60 

BOAED OF DIRECTORS— 

Continue to act when district is divided 1715 5 

Divide assets and liabilities 1715 5 

Choose arbitrators in case of disagreement 1715 5 

Consists of three sub-directors, when 1720 9 

Enter upon duties at regular meeting in March 1721 9 

Organize by electing president from their own number 1721 9 

Elect secretary and treasurer at September meeting 1721 9 

Secretary and treasurer chosen ovitside board, when 1721 9 

Secretary and treasurer have no vote unless elected from 

board. ...r 1721 9 

Hold regular meetings 3d Monday in March and September.... 1722 10 
Hold special meetings by call of president, or request of ma- 
jority 1722 10 

Make contracts, purchases and payments to execute vote of 

district 1723 10 

Consult superintendent before erecting school-houses 1723 10 

Make contract if cost or repairs of school-house exceeds $300.. 1723 10 

Invite proposals to build school-house by advertisement 1723 10 

Require bond for performance of contract 1723 10 

Fix site for school-hoiase 1724 12 

Determine number of schools and duration, beyond legal 

period 1724 12 

Create no sub-district for less than fifteen pupils 1725 13 

May rent room and employ teacher for five pupils 1725 13 

May establish graded schools 1726 13 



96 INDEX 

BOARD OF DIRECTORS— Continued— 

May select superintendent of schools of district 1726 13 

One or more schools taught in each sub-district 1727 14 

Duration of schools 1727 14 

County superintendent may release from obligation to have 

school taught 1727 14 

Kot to change text-books oftener than once in three years 1728 14 

Electors may vote to change text-books 1728 14 

May use unappropriated contingent fund to purchase appa- 
ratus 1729 15 

Contract no debts for apparatus , 1729 15 

Appoint temporary president and secretary 1730 15 

Fill any vacancy in the board, or its officers 1730 15 

Require secretary and treasurer to give bond 1731 16 

Bonds to be filed with presdent 1731 16 

Examine accounts of treasurer and make settlement with 1732 16 

Present statement to district township meeting 1732 16 

Audit and allow just claims 1733 16 

Fix compensation of secretary and treasurer 1733 16 

Draw no order until claim is audited and allowed 1733 16 

Visit schools of their district 1734 17 

May discharge teacher, after investigation 1734 17 

Require secretary to reportschool officers 1736 18 

Make rules to govern sub-directors 1737 18 

Majority a quorum... 1738 18 

Certify no tax after third Monday in May 1738 18 

Vote ofmajority required to change boundaries of sub-districts 1738 18 

Receive no pay for services 1738 18 

May employ counsel 1740 19 

Proceedings of, to be recorded 1741 19 

Audit accounts, presented by secretary 1743 20 

May require statement from treasurer 1751 24 

Prescribe rules and restrictions to govern sub-director 1753 25 

County superintendent not to be a member of. 1765 29 

Estimate amount for teachers' and contingent funds 1777 35 

Apportion school-house tax 1778 36 

Satisfy judgment with order..., 1787 39 

Membek or member elect may administer official oath 1790 40 

Qualify on or before the third Monday in March 1790 40 

May admit pupils from adjoining districts 1793 40 

Notify board of adjoining district, when 1793 40 

Fix terms of tuition, when 1794 41 

Divide district into sub 'districts, and change boundaries 1796 42 

Cause description of sub-districts to be recorded 1796 42 

May consent to attach territory to adjoining township 1797 43 

May restore territory 1798 43 



TO SCHOOL LAWS OF IOWA. 97 

Sec. 



BOARD OF SUPERVISORS— 

County superintendent not to be a member of. 1765 29 

Provide place for examination of teachers 1766 29 

May appropriate sum for normal institute 1769 30 

Levy taxes for school funds 1777 35 

Levy tax on sub-district, when 1778 36 

Levy county tax of from one to three mills 1779 37 

Limits of taxes for school purposes 1780 37 

Levy tax to pay money borrowed from school fund 1788 39 

Shall not divide school district, when 1799 43 

BONDS— 

Secretary and treasurer to give 1731 16 

Filed with president 1731 16 

Independent districts may issue, for erection of school-house.. 182 L 54 

Rate of interest on 1821 54 

Electors to vote on question of issue 1822 54 

Denomination and time 1822 54 

Treasurer to negotiate, at par 1822 54 

Principal and interest, how paid 1823 54 

CONTRACTS— 

Board to make, to execute vote of district 1723 10 

Sub-director to make, under rules and restrictions 1753 25 

When made by sub-director, must be approved by president... 1753 25 

Teachers', must be in writing 1757 26 

Secretary or sub-director, and teacher to sign 1757 26 

Approved by and filed with the president 1757 26 

COUNTY AUDITOR— 

Superintendent to file statement with, of time employed 1776 34 

Make semi-annual apportionment 1781 37 

Notify presidents of apportionment ; issue warrants for same... 1782 38 

Certify to election and qualification of county superintendent. 1783 38 

Report to auditor of state 1783 38 

Deduct cost of tuition from semi-annual apportionment, when. 1793 40 

Record plat of districts 1796 42 

COUNTY SUPERINTENDENT— 

Recommend plans for school-houses 1723 10 

May release boards from obligation to have schools taught 1727 14 

May require teacher to recoi'd matters designated 1734 17 

Notified when schools begin 1744 20 

Receive annual report from secretaries 1745 21 

Grant certificate to teach German when required 1763 28 

Not to be a member or oflScer of board of directors 1765 29 

Not to be a member or officer of board of supervisors 1765 29 

Examine teachers last Saturday of each month 1766 29 

13 



98 INDEX 

COUNTY SUPERINTENDENT— Continued— ^''' ^°^" 

Branches in which examination is made, specified 1766 29 

May have assistant examiners 1766 29 

Give certificate, not exceeding one year, if examination is sat- 
isfactory , 1767 30 

Examinations must be public 1768 30 

Keep record of examinations 1768 30 

Hold normal institute annually 1769 30 

Procure assistance with concurrence of superintendent of 

public instruction ,... 1769 30 

Eequire fee for each certificate issued 1769 30 

Require registration fee 1769 30 

Transmit moneys to county treasurer 1769 30 

Make report to county treasurer 1769 30 

Issue orders upon institute fund 1769 30 

Deputy may be appointed 1770 32 

Cannot visit schools or try appeals 1770 32 

May revoke certificate of teachers.... 1771 33 

Give personal notice of investigation 1771 33 

Make annual report to superintendent of public instruction.. 1772 33 

File statement of number of youth with county auditor 1772 33 

Penalty for failure to file reports 1773 34 

Conform to instructions of superintendent of public instruc- 
tion 1774 34 

Visit schools at least once in each term 1774 34 

Report the blind, and deaf and dumb 1775 34 

Compensation of. 1776 34 

To file statement of time employed 1776 34 

Attach territory to another township, when 1797 34 

Appoint appraisers and give notice to owner of land 1827 55 

Noiify secretary to file transcript 1833 57 

Notify interested parties 1833 58 

Hear testimony and decide appeal 1834 68 

COUNTY TREASURER— 

Disburse institute fund on order of county superintendent... 1769 30 

Pay over all taxes collected, on first Monday in April 1784 38 

Render statement of taxes uncollected 1784 38 

Pay over taxes quarterly 1784 38 

Keep school-house tax separate for sub-district, when 1784 38 

Keep separate account with independent districts 1784 38 

Pay taxes collected, to independent districts monthly 1784 38 

Notify presidents quarterly, of tax collected for each fund 1785 39 

Pay taxes to district treasurers on warrants 1785 39 



TO SCHOOL LAWS OF IOWA. 99 

See. Page. 
DISTEICT TOWNSHIPS— 

Each civil township, and independent district, a school dis- 
trict 1713 5 

When left without officers, how supplied 1714 5 

When divided, board to continue to act until next election 1715 5 

Respective boarf]s divide assets ,.,, .• 1715 5 

Arbitrators chosen in case of disagreement 1715 5 

Division of assets made when independent districts are 

formed 1715 5 

Corporate name of school districts 1716 7 

Hold annual meeting 1717 7 

Suit to be brought in name of. 1731 16 

Claims against, audited by board 1733 16 

Bring suit if secretary fails to make annual report 1746 21 

Liable for tuition in certain cases 1793 40 

DISTRICT TOWNSHIP MEETING— 

Held annually on the second Monday in March 1717 7 

Electors may appoint chairman and secretary 1717 7 

Direct gale of district property 1717 7 

Determine additional branches 1717 7 

Delegate foregoing powers 1717 7 

Vote tax for school-houses, sites, and library 1717 7 

Vote of, executed by board 1723 10 

May vote to change text-books 1728 14 

Statement to be presented at, by board 1732 16 

Five notices, stating hour, posted by secretary 1742 20 

Copy of notice furnished to teachers 1742 20 

May vote concerning control of school-house 1753 25 

May vote that German be taught 1763 28 

Vote tax to pay judgment and other liabilities 1787 39 

Not to organize before 9, a. m. nor adjourn before 12, M 1789 39 

FINES AND PENALTIES— 

Of district secretary, for failure to report 1746 21 

Of county superintendent, for failure to report 1773 34 

To whom they shall inure 1786 39 

Suit— brought in name of district township, when 1786 39 

Brought in name of county, when 1786 39 

District attorney to bring, when 1786 39 

Added to fund next used 1786 39 

For misapplication of money, etc 1791 40 

Of director, for failure to make statement 1813 49 

FOEMS— No. Page, 

Proceedings of district township meeting 1 63 

Notice of annual meetings in sub-districts 2 64 

Proceedings of annual sub-district meetings 3 64 



100 INDEX 

No. Page. 
FORMS— Continued — 

Certificate of election of sub-director , 4 65 

Certificate of tax voted by sub-district meeting 5 66 

Proposals for the erection (or repair) of school-house 6 66 

Contract for building school-house 7 67 

Bond for performance of contract 8 68 

Certificate of appointment of school officers 9 69 

Bond of secretary or treasurer 10 69 

Certificate of the election of the officers of the board 11 70 

Draft on county treasury 12 71 

Order on district treasury 13 71 

Lease 14 72 

Deed 15 72 

Order register of secretary and treasurer 16 73 

Notice of district township meeting , 17 74 

Treasurer's account with teachers' fund 18 75 

Report of secretary , 19 76 

Contract between sub-director and teacher 20 78 

List of heads of families and children to be kept by sub- 
director 21 79 

Teacher's daily register of attendance 22 80 

Teacher's term report to district secretary 23 81 

Teacher's certificate 24 82 

Application for teachers' normal institute 25 83 

Order on institute fund 26 83 

Revocation of teai'her's certificate 27 84 

Certificate to the board of supervisors of tax determined by 

the board of directors 28 84 

Certificate to board of supervisors of tax voted by the district 

township 29 85 

Certificate of tax voted by a sub-district and not granted by 

the district township electors 30 85 

Notice from the county auditor of amount of semi-annual 

apportionment 31 86 

Certificate of election of county superintendent 32 86 

Certificate of qualification of county superintendent.... 33 87 

Notice from county treasurer of school tax collected 34 87 

Notice permittintr the attendance of pupils from adjoining 

districts „ 35 88 

Application for appointment of appraisers of school-house site. 36 88 

Appointment of appraisers of school-house site 37 89 

Notice to owner of real estate of appointment of appraisers... 38 90 

Report of appraisment of property for school -house purposes.. 39 90 

Notice of assessment of damages 40 91 

Affidavit of appeal 41 91 



TO SCHOOL LAWS OF IOWA. JQl 

No. Page. 

FORMS— Continued— 

Notice of appeal 42 92 

Certificate to district secretary's transcript 43 92 

Notice of hearing of appeaL. 44 93 

Certificate to the county superintendent's transcript,, 45 94 

FUNDS— Sec. Page. 

School-house, contingent, and teachers', defined 1748 22 

Separate acoouui; with each, to be kept by treasurer..... 1748 22 

Fund and object must be specified in order 1748 22 

Teachers, and contingent, amount for, estimated by board 1777 35 

Amount levied for school-house fund not to exceed ten mills.. 1780 37 

Amount for contingent fund, not to exceed f5 per scholar 1780 37 

Amount for teachers' fund, not to exceed |15 per scholar 1780 37 

$75 may be levied for contingent fund, for each sub-district.... 1780 37 

$270 may be levied for teachers' fund, for each sub-district J780 37 

Permanent, interest on, apportioned 1781 37 

Secretary to keep separate account with each 1782 38 

GENERAL PROVISIONS— 

School month defined 1761 28 

Schools closed during teachers' institute 1762 28 

Electors may vote that German be taught 1763 28 

Schools must be taught in English 1763 28 

Bible not to be excluded from schools 1764 29 

Pupils not required to read Bible contrary to wish of parents.. 1764 29 

INDEPENDENT DISTRICTS— 

Organized prior to September 1st, 1873, to continue 1713 5 

Assets and liabilities divided when boundaries are changed... 1715 5 

Corporate name of 1716 7 

Tax for, county treasurer to pay over monthly 1784 38 

Polls to remain open from 9, a. m. to 4, p. m., when 1789 39 

City or town containing 300 inhabitants may organize 1800 44 

Directors of district township to establish boundaries. 1801 44 

Electors to vote for or against separate organiza.tion — 1801 44 

Term of office of directors, determined by lot 1802 45 

Board to elect president 1802 45 

Board to elect secretary and treasurer in September 1802 45 

Board to consist of three members, when 1802 45 

Must be completely organized before the first of August 1804 46 

Taxes levied by district township to be void 1804 46 

Board to levy taxes, when 1804 46 

When formed from two or more townships, who give notice... 1805 46 

Governed by same laws as district townships 1806 47 

Electors may vote tax for erection of school-house, &c 1807 47 

Annual meeting of 1808 47 



102 INDEX 

INDEPENDENT DISTRICTS— Continued— 

Election of officers 1808 47 

Who are judges of election 1808 ■ 47 

Boundaries may be changed, how 1809 47 

Board of, to set off territory, when 1810 48 

May consolidate 1811 48 

Former district may be reorganized 1812 48 

Statement— of receipts and disbursements 1813 49 

Penalty for failure to make 1813 49 

District township may become independent 1814 50 

Sub-districts may be constituted 1815 50 

Election to be called 1816 50 

Meetings called in sub -districts to elect directors 1817 51 

Name of, how determined and how changed 1818 52 

Governed by laws for independent districts 1819 52 

Old board to divide assets and liabilities 1820 52 

May borrow money by issuing bonds 1821 54 

Board to submit question of issuing bonds to electors.. 1822 64 

Board to issue bonds in accordance with vote of electors 1822 54 

Denomination and time of bonds i 1822 54 

Board vote tax to pay bonds if electors neglect 1823 54 

Orders draw legal interest after presentation 1824 55 

INDUSTRIAL EXPOS[TIONS-(Chapter 64, laws 1874.) 

Maintained in each school if deemed expedient 1 60 

Consist of what 2 60 

Pupil to explain mode of manufacture or culture..... 3 60 

Parents and friends may attend 4 61 

Ornamental work encouraged 5 61 

When and where held 6 61 

MISCELLANEOUS— 

Fines and penalties, disposition of 1786 39 

Judgment, how satisfied 17i)7 39 

Districu township meeting vote tax to pay judgment 1787 39 

Money borrowed from school fund, how paid 1788 39 

School meeting cannot organize before 9, a. m., nor adjourn 

before 12, m 1789 39 

Polls remain open from 9, a. m. to 4, p. m., when....... 1789 39 

Director, or director elect, authorized to administer official 

oath 1790 40 

Penalty for misapplication of money, etc 1791 40 

District township board iiave not jurisdiction in independent 

districts 1792 40 

Children may attend school in adjoining district, when.. 1793 40 

Board to fix terms of attendance, when 1794 41 



TO SCHOOL LAWS OF IOWA. 103 

Sec. Page. 
MISCELLANEOUS -Continued— 

Pupils may attend school in another sub-district 1795 42 

Board— divide district into sub 'districts 1796 42 

Change sub -district boundaries and record same 1796 42 

Sub 'district boundaries conform to congressional lines 1796 42 

Changes in boundaries, take effect, when 1796 42 

County Superintendent may attach territory to another town- 
ship, when 1797 43 

Territory may be restored, how 1798 43 

School district not to be divided, when 1799 43 

PRESIDENT— 

Chosen from the sub-directors 1721 9 

Call special meetings of board 1722 10 

Temporary, may be appointed 1730 16 

Vacancy in office of, filled by board 1730 15 

To file bonds of secretary and treasurer 1731 16 

Bring suit on bond of secretary or treasurer, when 1731 16 

.Concur with majority in expelling pupils 1735 17 

Preside at meetings of board and of district township 1739 19 

Draw drafts on county treasury 1739 19 

Sign orders on district treasury , 1739 . 19 

Sign ail contracts made by board 1739 19 

Appear for district in suiiS ., 1740 19 

Secretary appear, when 1740 19 

Couiisei may be employed 1740 19 

Approve contracts of sub-directors 1753 25 

Concur with sub-director in dismissing pupil 1756 26 

Approve and file teachers' contracts 1757 26 

Sign Warrant for semi-annual apportionment. 1782 38 

Certify to account for tuition filed with auditor 1793 40 

Sign district bonds 1822 54 

PUPILS— 

Attend school where determined by board 1725 13 

Fifteen, required for creation of subs-district 1725 13 

Teacher may be employed to teach five 1725 13 

Legal cge of 1727 14 

EnuLuera.tid by sub-director 1755 26 

Dismissed by sub-director and president 1756 26 

May be readmitted 1756 26 

Eegioter of attendance, etc., when kept separate 1759 28 

Not required to read Bible contrary to wish of parent 1764 29 

Atteiiu school in adjoining district, when 1793 40 

Temporarily sojourning, may attend school 1794 41 

Boaid to fix terms of attendance, when 1794 41 

May attend school in another sub-district 1 795 42 



104 INDEX 

Sec. Page. 
EEPORTS— 

Copies of, to be preserved by secretary 1741 19 

Secretary to make annually 1745 21 

Sub-director to make to secretary 1755 26 

CouisTTY SuPEEiNTENDENT — to make to Superintendent of public 

instruction 1772 33 

To make of blind, and deaf and 

dumb 1775 34 

Of interest on permanent school fund 1786 39 

SCHOOLS— 

Number of, determined by board 1724 12 

Duration of, beyond legal period , 1724 12 

Graded, may be established 1726 13 

One or more taught in each sub-district 1727 14 

Duration of 1727 14 

Superintendent may release boaid from obligation to have 

taught 1727 14 

Visited by board of directors 1734 17 

Pupils may be expelled from 1735 17 

Sub-director shall visit twice during each term 1756 26 

Teacher of, must have certificate 1758 27 

School month defined 1761 28 

Bible not to be excluded from 1764 29 

Visited by county superintendent 1774 34 

May be attended by pupil from adjoining district, when 1793 40 

SCHOOL-HOUSES— 

Plans for, recommended by county superintendent 1723 10 

Built or repaired by contract if cost exceed $300 1723 10 

Proposals to build, invited by advertisement 1723 10 

Contracts let to the lowest responsible bidder 1723 10 

Site of, fixed by board 1724 12 

Sub-Director— make contracts for repairs etc 1753 25 

Have control of, unless otherwise directed by 

district township meeting 1753 25 

SCHOOL-HOUSE SITES— 

Lawful for district to take 1825 55 

Not to exceed one acre without consent of owner , 1825 55 

Must be on highway 1826 55 

Not within forty rods of residence without consent of owner... 1826 55 

County superintendent to appoint appraisers 1827 55 

County sujjerintendent to give notice to owner 1827 55 

Appraisers to assess damages and make report 1827 55 

Board to deposit money with the county treasurer 1827 55 

Either party may appeal to circuit court 1827 55 

Title acquired for school purposes only.. 1828 56 



TO SCHOOL LAWS OF IOWA. 105 

Sec. Page. 

SCHOOL ORDERS— 

Not drawn until claim is audited 1733 16 

Signed by president 1739 19 

Fund and object must be specified in 1739 19 

Secretary to countersign and register 1741 19 

Transcript of, must be furnished to treasurer 1741 19 

Must specify fund and purpose 1748 22 

Treasurer to register 1750 23 

Given to satisfy judgment 1787 39 

Draw lawful interest after presentation 1824 55 

SECRETARY— 

Give notice of sub-district election, when 1718 8 

Elected on third Monday in September 1721 9 

Qualify and enter on duty within ten days 1721 9 

Chosen from township at large, when 1721 9 

Have no vote unless member of board 1721 9 

Temporary, may be appointed 1730 15 

Vacancy in the office of, filled by board 1730 15 

Give bond 1731 16 

Compensation of, fixed by board 1733 16 

Report school officers : 1736 18 

Appear in suits, when 1740 18 

Record all proceedings of board 1741 19 

Preserve copies of all reports 1741 i9 

File all official papers „. 1741 19 

Countersign and register drafts and orders 1741 19 

Furnish district treasurer with transcript of orders 1741 19 

Post five notices of district township meeting 1742 20 

Notices to state hour of meeting 1742 20 

Present accounts to board to be audited 1743 20 

Notify superintendent when each school in his district begins 1744 20 

Make annual report to county superintendent 1745 21 

Penalty of, for failure to report 1746 21 

Certify amounts for school funds 1777 35 

Countersign warrants for semi-annual apportionment 1782 38 

Debit and credit treasurer 1782 38 

File account of tuition, when 1793 40 

Deliver plat to county treasurer and auditor 1796 42 

Record order of county superintendent and correct plat, when 1797 43 

Of Independent Districts — chosen outside the board, when.. 1802 45 

Act as judge of annual election.. 1808 47 

Post notice of election 1811 47 

Send up transcript 1832 57 

SUB-DIRECTOR— 

Special election of ,.,.,.. 1714 5 

14 



■j^Qg INDEX 

Sec. Page. 
SUB-DIEECTOK— Continued— 

Elected annually first Monday in March in each sub-district.. 1718 8 

Give notice of sub-district election 1718 8 

One, elected from the district at large, when 1720 9 

Vacancy in office of, filled by board 1730 15 

Governed by rules made by board 1737 18 

Take oath 1752 25 

Office vacant in case of failure to qualify 1752 25 

Make contracts under restrictions of board 1753 25 

Have control of school-house 1753 25 

Contracts must be approved by president.. 1753 25 

Take enumeration of children 1754 26 

Make annual report to secretary 1755 26 

May dismiss pupils with concurrence of president 1756 26 

Shall visit schools twice during each term 1756 26 

Authorized to administer official oath 1790 40 

Qualify on or before third Monday in March 1790 40 

"When superseded deliver up books, etc 1791 40 

Penalty for misapplication of money, etc 1791 40 

May give consent that pupil may attend school in another 

sub-district • 1795 42 

Elected for new sub-district, when ., 1796 42 

SUB-DISTRICTS— 

Embracing whole district elect three sub-directors 1720 9 

One sub-director chosen from each sub district and one at 

large if but two sub-districts in township 1720 9 

Board determine number of schools taught in each 1724 12 

One or more schools taught in each 1727 14 

Rate of taxation on, for school -house purposes 1778 36 

Pupils may attend in another 1795 42 

Plat of, to be made • 1796 42 

May be constituted independent districts 1815 50 

SUB-DISTRICT BOUNDARIES- 

Vote of majority of board required to change 1738 18 

Established and changed by board 1796 42 

Conform to congressional lines 1796 42 

Changes in, to take effect, when... 1796 42 

SUB-DISTRICT MEETING— 

Held annually first Monday in March 1718 8 

Five days' notice of, given by sub -director 1718 8 

Three notices stating hour posted 1718 8 

Chairman and secretary act as judges of election 1719 8 

Three sub-directors elected, when 1720 9 

One sub-director chosen in each sub-district and one at large, 

when 1720 9 



TO THE SCHOOL LAWS OF IOWA. IQ^ 

Sec. Page. 
SUB-DISTRICT MEETING— Continued— 

Judges of election canvass votes for sub-director at large 1720 9 

Not to organize before 9, a. m., nor adjourn before 12, m 1789 39 

TAXES— 

Board not to certify after third Monday in May 1738 18 

For teachers' and contingent funds determined by board 1777 35 

Certified by secretary to board of supervisors 1777 35 

Board of supervisors to levy for school funds, 1777 35 

School-house, to be apportioned 1778 36 

Excess levied upon sub-district, wheii 1778 36 

Fifteen mills may be levied, when 1778 36 

One to three mills county tax to be levied 1779 37 

Receivable only in cash I779 37 

Limitsof, for school purposes 1780 37 

Paid to district township treasurer quarterly 1784 38 

Paid to independent districts monthly 178-1 38 

Are void, when 1804 46 

All taxes determined by board of directors, when, 1804 46 

Determined before third Monday in August, when 1804 46 

Certified before first Monday in September, when 1804 46 

Board of supervisors levy for independent districts 1804 46 

Of mills voted, when (Chapter 67, Laws 1874) 1 61 

TEACHERS— 

Keep list of pupils showing attendance, etc. 1734 17 

Maybe expelled by board I734 17 

Contracts— with, made by sub-director or secretary 1753 25 

Must be in writing I757 26 

Signed by secretary or sub-director and teacher 1757 26 

Approved by and filed with the president 1757 26 

Not to be employed without certificate 1758 27 

Keep daily register I759 28 

Keep separate register fornon-resident pupils 1759 28 

File certified copy of register with secretary 1760 28 

Regular examination of, last Saturday in each month 1766 29 

Satisfy county superintendent regarding moral character 1767 30 

Certificate cannot exceed one year 1767 30 

Examination of, to be public 1768 30 

Pay fee on receiving certificate 1769 30 

Pay registration fee 1769 30 

Cerdficate of, may be revoked 1771 33 

Shall have personal notice of charges preferred 1771 33 

TEACHERS' NORMAL INSTITUTE— 

Shall be held annually in each county 1769 30 



108 INDEX 

Sec. 
TREASURER— 

Chosen outside board, when 1721 9 

Have no vote unless member of board 1721 9 

Vacancy in office of, filled by board.... 1730 15 

Give bond 1731 16 

Accounts of, examined by board 1732 16 

Compensation of, fixed by board 1733 16 

Holdallmoneys belonging to the district 1747 22 

Pay out funds upon order of president, countersigned by sec- 
retary 1747 22 

Keep account of moneys received and paid out 1747 22 

Keep separate account with each fund........ 1748 ' 22 

Pay no order which does not specify fund and object 1748 22 

Make partial payments on orders 1748 22 

Receive money apportioned to district 1749 23 

Receive district school tax 1749 23 

Register orders..'. 1790 23 

Render statement of finances 1751 24 

Draw semi-annual apportionment on warrant. 1782 38 

Receive moneys for district township quarterly 1784 38 

Receive moneys for independent district monthly 1784 38 

Of independent districts chosen outside board, when 1802 45 

Negotiate bonds.. 1822 54 

Countersign bonds when negotiated 1822 54 

Charged with bonds, delivered to him 1822 54 



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